Terms and Conditions
 
Welcome to IMMUSIST.com the home of the world’s first and foremost Beverage Concentrate of Surfactant Wellness™ Blends.  IMMUSIST™ Beverage Concentrate is not a drug, medicine or dietary supplement. Not intended to diagnose, treat, cure or prevent any disease.  Nothing on this website should be constructed as the giving of advice or the making of a recommendation and it should not be relied on as the basis for any decision or action. 
 
The website has been developed as a service of IMMUSIST™.  Like any other service, in spite of our best efforts the information in this website may become out of date over time.
 
Below are detailed Terms and Conditions you should read and understand as they govern your use of our website.
 
Acceptance of Terms and Conditions
Changes to Terms and Conditions
Disclaimers of Warranties and Limitations on Liability
Indemnification
Copyright and Intellectual Property
Trademarks
Links to Third Party Web Site
Use and Access
Information Submitted
Your conduct in accessing the IMMUSIST™ service
Privacy and Communications Preferences
Privacy Policy
Colors
Availability, Errors and Inaccuracies
Transactions
International Customs, Duties, Taxes, Fees Levied and Clearances
Returns
Risk of Loss
Jurisdictional Issues
Governing Law
Applicable Law; Disputes
Termination
Miscellaneous
Contact Us
 
Acceptance of Terms and Conditions
 
These Terms and Conditions, which include our Privacy Policy, govern your use of IMMUSIST™ website, please read them carefully.  These Terms and Conditions define your rights and responsibilities as a user and/or visitor of this website operated by IMMUSIST™.  The website is operated in the United States of America.  Access is governed by these Terms and Conditions under the laws of the State of Washington and the United States.  The website and services provided herein are for adults.  When a minor uses the website, the parent or guardian of that minor will be held responsible for the minor’s actions.  By using and/or visiting IMMUSIST™ website, you except and agree to be bound by these Terms and Conditions.  If you do not agree with any of these Terms and Conditions, or if you have any objections to our Privacy Policy you must not use the IMMUSIST™ website.

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Changes to Terms and Conditions
 
IMMUSIST™ reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions, including the Privacy Policy, in its sole and absolute discretion.  The most current version of these Terms and Conditions can be viewed by visiting our website and clicking on “Terms and Conditions” located at the bottom of the pages of the IMMUSIST™ website.  The most current version of the Terms and Conditions will supersede all previous versions. 

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Disclaimers of Warranties and Limitations on Liability
 
This site and all information, content, materials, products, services and user content included on or otherwise made available to you through the site (Collectively, the “Site Contents”) are provided by IMMUSIST™ on an “as is,” “as available” basis, without representations or warranties of any kind. IMMUSIST™ makes no representations or warranties of any kind, expressed or implied, as to the operation of the site, the accuracy or completeness of the site contents, or that emails sent from IMMUSIST™ are free of malware or other harmful components.  We do not represent or guarantee that your use of the IMMUSIST™ site will be free from corruption, attack, viruses, interference; hacking or other security intrusion and we disclaim any liability with respect thereto.  No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon IMMUSIST™.  You expressly agree that your use of the site is at your sole risk.  You may not assign or transfer any of your rights or obligations under these terms and condition.  IMMUSIST™ will not be liable for any damage of any kind arising from the use of the site or the site contents including, without limitation, direct, indirect, consequential, punitive and consequential damages.  To the full extent permitted by law, IMMUSIST™ disclaims any and all representations and warranties with respect to the site and the site contents, whether expressed or implied, including, without limitation, warranties of merchantability, satisfactory quality and fitness for a particular PURPOSE OR USE.  Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall IMMUSIST™ or any of their shareholders, directors, officers, employees, agents or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages or loss, whatsoever resulting from loss of use, loss of goodwill, work stoppage, accuracy of results, computer failure or malfunction, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage and on any theory of liability, arising from the use or inability to use the IMMUSIST™ service, including our website. We provide content on this web site as a service to you, our customer.  The content is not intended to diagnose, treat, cure or prevent any disease.  Nothing on this web site should be construed as the giving of advice or the making of a recommendation and should not be relied on as the basis for any decision or action.  It is important that you rely only on the advice of a health care professional to advise you on your specific situation. Your access to our web site and use of its contents, you agree that IMMUSIST™ is not liable to you in any manner whatsoever for decisions you may make or your actions or nonactions in reliance upon the content. You also agree that the aggregate liability of IMMUSIST™ arising from or related to your use and access, regardless of the form of action or claim (for example, contract, warranty, tort, negligence, strict liability, professional malpractice, fraud, infringement or other bases for claims), is limited to the purchase price of any items you purchased from IMMUSIST™ in the applicable transaction.  IMMUSIST™ shall not in any case be liable for any direct, indirect, special, incidental, consequential, or punitive damages even if IMMUSIST™ has been advised of the possibility of such damages.  This is a comprehensive limitation of liability that applies to all losses and damages of any kind.  If you are dissatisfied with our web site or its content (including Terms and Conditions), your sole and exclusive remedy is to discontinue using our web site.  On the site, we may display names, marks, products, advertisements, or services of third parties, pop-ups, or links to third party sites.  In no event will we be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use, or reliance on any advertisement displayed on the site, any products, services, or other materials relating to any such advertisement, any linked third party site, or link contained in a linked site.  If you decide to link to any such third party sites, you do so entirely at your own risk. If any applicable authority holds any portion of this section or other sections of these Terms and conditions, including any portion of the Privacy Policy to be invalid, illegal or unenforceable, Then such part shall be eliminated or limited to the minimum extent necessary.  The remainder of the Terms and Conditions and Privacy Policy, including any revised portion, shall remain and be in full force and effect.  The failure of IMMUSIST™ to exercise or enforce any Term will not constitute a waiver of such Term regardless of any statute or law to the contrary.

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Indemnification
 
You agree to indemnify, defend and hold harmless IMMUSIST™ or any of their shareholders, directors, officers, employees, agents, venders, suppliers, service providers (jointly or severally) from and against any liabilities, losses, investigations, inquires, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the site, including without limitation any user content submitted by you and claims alleging facts that if true would constitute a breach by you of these Terms and Conditions.

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Copyright and Intellectual Property
 
All content included in or made available through this site including but not limited to, text, images, illustrations, designs, photographs, graphics, logos, page headers, buttons, icons, images, audio clips, digital downloads programs, data compilations and other material that are part of this site (collectively, the “Content”) is the property of IMMUSIST™ or its content suppliers and protected by the United States and International Copyright laws.  The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of IMMUSIST™ and is also protected by United States and International copyright laws.  IMMUSIST™ hereby authorizes you to copy material and print hard copy portions of this site for the sole purpose of placing an order with IMMUSIST™, purchasing IMMUSIST™ products and is for non-commercial use only, provided any copy of these materials which you make shall retain all copyright and other proprietary notices and any disclaimers contained thereon and on this web site.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by IMMUSIST™.  You further agree not to change or delete any proprietary notices from materials downloaded from the site.  Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trade of IMMUSIST™ or any third party.  Except as expressly provided, nothing contained herein shall be construed as conferring any license or right under any IMMUSIST™ copyright.  Should any viewer of IMMUSIST™ published document respond with information including feedback data such as questions, comments, suggestions, or the like regarding the content of any such IMMUSIST™ material, such information shall be deemed to be non-confidential and IMMUSIST™ shall have no obligation of any kind with respect to such information and shall by free to reproduce, use, disclose and distribute the information to others without limitation.  IMMUSIST™ shall by free to use any idea, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.

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Trademarks
 
In addition, service names, IMMUSIST.com, graphics, logos, page headers button icons, scripts and service marks included in or made available through any IMMUSIST™ service are trademarks or trade dress of IMMUSIST™ in the United States and Internationally.  IMMUSIST™ trademarks and trade dress may not be used in connection with any product or service that is not IMMUSIST™’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits IMMUSIST™.  All trademarks not owned by IMMUSIST™ that appear in any IMMUSIST™ service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IMMUSIST™.

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Links to Third Party Web Site

The site may contain links and interactive functionality interacting with the web sites of third parties including but not limited to social sites and service providers’ sites.  IMMUSIST™ is not responsible for and has no liability for the functionality, actions, inactions, privacy policies, terms, or contents of any such web site. Before enabling any sharing functions of the site to communicate with any such web site or otherwise visiting any such, IMMUSIST™ strongly recommends that you review and understand the Terms and Conditions, Privacy Policies, settings and information-sharing functions of each such third party web site.  The links and interactive functionality for third party sites on the site do not constitute and endorsement by IMMUSIST™ of such third party sites.  Other sites may link to the site with or without our authorization and we may block any links to or from the site.  YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.

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Use and Access
 
IMMUSIST™ or its content providers grant you limited non-exclusive, non-transferable, non-sub use to access and make personal and non-commercial use of the IMMUSIST™ services.  This use and access does not include any resale or commercial use of any IMMUSIST™ service, or its contents; any collection and use of any product listing, descriptions, or prices; any derivative use of any IMMUSIST™ services or its contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  All rights not expressly granted to you in these Terms and Conditions are reserved and retained by IMMUSIST™ or its licensors, suppliers, publishers, right holders, or other content providers.  No IMMUSIST™ service, nor any part of any IMMUSIST™ service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of IMMUSIST™.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IMMUSIST™ without express written consent.  You may not use any meta tags or any other “hidden text” utilizing IMMUSIST™’s name, copyrights or trademarks without the express written consent of IMMUSIST™.  You may not misuse the IMMUSIST™ service.  You may use the IMMUSIST™ service only as permitted by law. 

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Information Submitted
 
IMMUSIST™ is free to use any comments, information, ideas, concepts, reviews, Life Experiences or techniques or any material contained in any communication you may send to us (“Feedback”), including responses to questionnaires, Life Experiences submissions or through postings to the IMMUSIST™ service, including the IMMUSIST™ website and user interfaces, without compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the IMMUSIST™ service.  Furthermore, by posting any Feedback on our site, submitting Feedback to us, Life Experiences submissions or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license, transferable right and license to use, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute including the right to sublicense such right, right to display, use, reproduce or modify the Feedback submitted in any form, media, software or technology of any kind now existing or developed in the future throughout the world, all without any compensation to you.  For this reason, do not send us any Feedback that you do not wish to license to us, including but not limited to  any confidential information or any original creative materials such as Life Experiences, stories, product ideas, computer code or original artwork.  In addition, you grant to IMMUSIST™ the right to include the name provided along with the user content submitted by you; provided, however, IMMUSIST™ shall have no obligation to include such name with such user content.  IMMUSIST™ is not responsible for the use or disclosure of any personal information that you disclose in connection with any user content you submit.  You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding user content that you may have under any applicable law under legal theory.  Content is also provided by third parties.  Please note that third parties may post content that is inaccurate, misleading, or deceptive.  IMMUSIST™ neither endorses nor is responsible for any opinion, advise, information, or statements made by third parties. IMMUSIST™ will not be liable for any loss or damage caused by your reliance on such information or materials.  The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of IMMUSIST™.  Please note IMMUSIST™ does not accept unsolicited materials or ideas for use or publication and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to IMMUSIST™.  Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you and you are waiving any claim against IMMUSIST™ and its affiliates regarding the use of such materials and ideas, even if material or idea is used that is substantially similar to the idea you sent.

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Your conduct in accessing the IMMUSIST™ service
 
By accessing the IMMUSIST™ service including IMMUSIST™ web site and user interfaces, you agree to use the IMMUSIST™ service, including all features and functionalities associated therewith, the web site and user interfaces and all content associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein.  Users are prohibited from violating or attempting to violate the security of IMMUSIST™ services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or Network or breach security or authentication measures without proper authorization; (c) attempting to interface with service to any user, host or Network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing,” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.  Violations of system or network security may result in civil or criminal liability.  IMMUSIST™ will investigate occurrences that may involve such violations and may involve, cooperate with law enforcement authorities in prosecuting users who are involved in such violations.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on the site.  You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available to IMMUSIST™ on this site and other generally available third party web browsers (i.e. Microsoft Explorer, Netscape Navigator). You also agree not to impersonate any other person while using the IMMUSIST™ services, conduct yourself in a vulgar or offensive manner while using the IMMUSIST™ service, or use the IMMUSIST™ for any unlawful purpose.  You agree that all of the foregoing restrictions apply not only to the IMMUSIST™ service, but also to the servers and networks connected to any portions of the IMMUSIST™ service whether operated by IMMUSIST™ or third parties (“Networks”).  You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else’s use of Networks, use Networks to gain unauthorized access to any service, data, account or other Networks, use Networks to falsify any protocol or email header information (e.g. “spoofing”), use Networks to send “spam” (i.e. unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks.

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Privacy and Communications Preferences
 
Any personally identifying information submitted through IMMUSIST™ service is subject to IMMUSIST™ Privacy Policy, the terms of which are incorporated herein.  Please review IMMUSIST™ Privacy Policy to understand our practices.  By using IMMUSIST™ services, you are consenting to receive certain communications from us.  We may use this information to process orders, respond to your requests, improve our level of service and the content of our site; provide you with product news and updates; notify you of new IMMUSIST™ products; seek your views on our products and for our own administrative and quality assurance purposes.  By using the IMMUSIST™ service, you consent to receiving electronic communications from IMMUSIST™ and/or our service providers.  Please be aware that we may still contact you for transactional purposes. Some examples are contacts for customer service, product information, order information, mailing information, reminder notices.  We may also need to contact you with questions or information regarding your order, such as order status, mailing and other order information.  You agree that all agreements, notices, disclosures and other communications that IMMUSIST™ provides to you electronically satisfy any legal requirement that such communications be in writing.

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Privacy Policy
 
Please review IMMUSIST™ Privacy Policy, which also governs your use of IMMUSIST™ services, to understand our practices.

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Colors
 
IMMUSIST™ strives to display as accurately as possible the colors of the products shown on the site; however, IMMUSIST™ cannot and does not guarantee that your monitor’s display of any color will be accurate.

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Availability, Errors and Inaccuracies
 
IMMUSIST™ acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.  IMMUSIST™ makes a conscientious effort to describe and display its products accurately on the site.  Despite these efforts, items on the site may be mispriced, described inaccurately or unavailable and IMMUSIST™ may experience delays in updating information on the site.  As a result, IMMUSIST™ cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, content and services.  IMMUSIST™ reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.  IMMUSIST™ reserves the right to refuse or cancel any orders placed for incorrect pricing, if products is no long available or if IMMUSIST™ determines that there were inaccuracies in our content or product information.  If user’s has been charged for the purchase and order is cancelled, upon clearance of payment, IMMUSIST™ shall issue a credit back to user in the amount of their purchase.  IMMUSIST™ apologies for any inconvenience. 

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Transactions
 
If you wish to purchase any products made available through the site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, CSC – Card Security Code, this verification number is a 3-digit number printed on the back of your card.  It appears after and to the right of your card number.  I the case of American Express card the CSC number is a 4-digit number printed on the front of the card.  It appears after and to the right of your card number.  Your billing address and your shipping information.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.  By submitting such information, you grant to IMMUSIST™ the right to provide such information to third parties for purpose of facilitating the completion of transactions initiated by you or on your behalf.  Verification of information may be required prior to the acknowledgement or completion of any transaction.  All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the site are subject to change at any time without notice. Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only.  The inclusion of any products or services on this site does not imply or warrant that these products or services will be available.  It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regards to the receipt, possession, use and sale of any item purchased from this site.  IMMUSIST™ reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with product or service.  You agree to pay all charges that may be incurred by you or on your behalf through the site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges.  In addition, you remain responsible for any taxes that may be applicable to your transaction.

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International Customs, Duties, Taxes, Fees Levied and Clearances
 
You agree that you are responsible for any Customs, Duties, Taxes, Fees Levied and Clearances on any transactions that are purchased and require shipment outside the United States. The recipient of an international shipment may be subject to such customs duties, import taxes and fees, which are levied once a shipment reaches the recipient's country. Customs policies vary widely from country to country and are the purchaser sole responsibility. 

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Returns
 
No returns or refunds – all purchases final. We will not accept or process for refund any packages marked "Return to Sender."

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Risk of Loss
 
The risk of loss for all products purchased from IMMUSIST™ passes to the purchaser upon delivery to the carrier.

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Jurisdictional Issues
 
The site is controlled and operated by IMMUSIST™ from Gig Harbor, Washington in the United States and is not intended to subject IMMUSIST™ to the laws or jurisdiction of any other state, country, territory other than that of Gig Harbor, Washington in the United States.  IMMUSIST™ does not represent or warrant that the site or any part thereof is appropriate or available for use in any particular jurisdiction other than Gig Harbor, Washington in the United States.    In choosing to access the site, you do so on your own initiative and at your own risk and you are responsible for complying with all local laws, rules and regulations.  IMMUSIST™ may limit the site’s availability, in whole or in part, to any person, geographic area or jurisdiction IMMUSIST™ choose, at any time and in its sole discretion.

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Governing Law
 
These Terms and Conditions and Privacy Policy shall be governed by and construed in accordance with the laws of the State of Washington in the United States, without regards to conflict of law provisions.  If any provisions or provisions of these Terms and Conditions and Privacy Policy shall be held to be invalid, illegal or unenforceable, then such part shall be eliminated or limited to the minimum extent necessary.  The remainder of the Terms and Conditions and Privacy Policy, including any revised portion, shall remain and be in full force and effect. 

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Applicable Law; Disputes
 
You agree that all matters relating to your access to or use of the site and all matters arising out of or related to these Terms and Conditions, including all disputes, will be governed by the laws of the State of Washington, United States, without regard to Washington’s choice of law principles.  You furthermore agree that the exclusive forum and venue for any legal action arising out of or related to these Terms and Conditions shall be the United States district court of the district of Gig Harbor, Washington and you submit to the personal jurisdiction of that court.  If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States district court for the district of Gig Harbor, Washington, then the exclusive forum and venue for any such action shall be the courts of the State of Washington located in Peirce County and you submit to the personal jurisdiction of that court. The making of claims or resolution of disputes pursuant to these Terms and Conditions shall be in your individual capacity and not as plaintiff or class member in any purposed class or representative proceeding.  You agree that to the extent permitted by applicable law: (1) any and all disputes, claims and causes of action arising out of or connected with the site and/or these Terms and Conditions will be resolved individually in the forum designated in this section, without resort to any form or class action; and (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.

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Termination
 
IMMUSIST™ reserves the right, without notice and in its sole discretion, to terminate your use of the site and block or prevent future access to and use of the site (i) if you violate any of these Term and Conditions, (ii) for any reason, or (iii) for no reason.  Upon any such termination, your right to use the site will immediately cease.

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Miscellaneous
 
You acknowledge and agree that IMMUSIST™ may disclose your information if IMMUSIST™ believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to (a) comply with legal process or governmental requests; (b) respond to claims that any content violates the rights of third parties; or (c) protect the rights, property, or safety of the web site, the users or the public.  You agree to indemnify IMMUSIST™  against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions by you or otherwise as a result of your use of the IMMUSIST™ services or web site. These Terms and Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and IMMUSIST™ with respect to the site and supersede all prior or contemporaneous communications, agreements and proposals with respect to the site. IMMUSIST™ reserves the right to waive any provisions of these terms and Conditions. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy, or condition.  If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.  You may not assign, transfer or sublicense any of your rights or obligations under these Terms and Conditions without IMMUSIST™ express prior written consent.  We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

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Contact Us
 
IMMUSIST
4810 Pt. Fosdick Dr. NW Suite 330
Gig Harbor, WA 98335
Toll Free 1-888-702-3315
Fax 1-253-851-6392
Info@immusist.com