Executive Experience Reservation Agreement
Date of last revision: April 27, 2023
Terms & Conditions
Thank you for placing a reservation for the Executive Experience.
1. Effective Date. Your reservation is effective when: 1) you place your reservation with IAMBIC INC. (“IAMBIC,” “we”, “us”, or “our”); and 2) we receive your reservation deposit (the “Deposit”) for the Executive Experience (the “Service”).
2. Order Process. While your reservation secures your approximate priority for the Service, it does not constitute a purchase or order of it. When the start of your reservation fulfillment nears, we will ask you to schedule an in-person consultation appointment at our New York City studio or, alternatively, a virtual consultation through our web application, in order to collect the foot scans and survey data necessary to complete your order. At that point, we will invite you to pay the balance due to IAMBIC and enter into an order agreement with IAMBIC for the purchase of the Service. You will be issued an updated order agreement whenever you or we make changes to your configuration or other aspects of your order.
3. Delivery. You understand and agree that the Service is still under development by IAMBIC at the time you entered into this Agreement and so IAMBIC cannot guarantee when your footwear will be delivered to you.
4. Cancelation. Until you submit your payment balance, your reservation may be canceled at any time and for any reason, by either you or us, in which case you will receive a full refund of your Deposit.
Canceling your order is easy—simply email our customer service team by emailing concierge@iambic.co.
5. Acknowledgements; Non-Transferable. You understand that IAMBIC will not hold your Deposit separately or in an escrow or trust fund or pay any interest on your Deposit. Your reservation is not transferable or assignable to another party without IAMBIC’s prior written consent.
6. Privacy Policy; Terms for Services. IAMBIC’s Privacy Policy and Terms of Use and Sale are incorporated in their entirety into this Agreement and can be viewed at Privacy Policy [LINK] and Terms [LINK].
7. Limitation of Liability. IAMBIC is not liable to you for any incidental, special, direct, indirect, or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Deposit.
8. Governing Law; Integration. The terms of this Agreement are governed by, and are to be interpreted according to, the laws of Delaware, without regard to principles of conflict of laws. Terms relating to the Executive Experience not expressly contained herein are not binding.
9. Agreement to Arbitrate. Please read this agreement carefully. You agree that any dispute between you and IAMBIC INC. or its affiliates (which we call “IAMBIC”) will be decided by an arbitrator in arbitration rather than by a judge or jury in court. This includes claims arising before you placed your order for your Service, such as claims related to statements IAMBIC made about our products. If you have a concern or dispute, please send us an email to concierge@iambic.co, describing your concern or dispute and how you would like it resolved. Please include your name, e-mail, phone number, and (if applicable) the order number. If the dispute is not resolved within 60 days from the date of your email, the dispute will be decided by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will only be conducted in New York City. You will be responsible for any and all costs and other expenses that you incur as a result of any arbitration. Similarly, IAMBIC will be responsible for any and all costs and other expenses that it incurs as a result of any arbitration. IAMBIC will not be responsible for any costs or other expenses that you incur as a result of any arbitration. In the event of arbitration, the party who loses the dispute shall indemnify the other party for all reasonable costs and expenses that were incurred by them. The indemnification cap for any has been set at $10,000. To learn more about the Rules and how to begin an arbitration, you can go to www.adr.org. The arbitrator cannot consolidate claims involving others without consent from you, IAMBIC, and the others. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing IAMBIC products. In other words, you can bring claims against IAMBIC only in your individual capacity and not as a plaintiff or class member in any class or representative action (and the same is true for IAMBIC). If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim or request for a remedy (such as what lawyers call “injunctive” relief), then that claim or remedy (and only that claim or remedy) will be carved out of the arbitration and can be filed in court; all other claims must be arbitrated. If you prefer, you can instead take your individual dispute to a small claims court. If you don’t want to agree to arbitration, you can “opt out” of arbitration by sending us a letter within 30 days after placing your initial order for your Service and first agreeing to these terms and conditions. Please send the letter to IAMBIC INC.; 1740 Broadway, Floor 15, New York, NY 10019 and include your name, your order number, the name of the product you ordered, and a statement explaining your desire to opt out of arbitration. If you do not opt out, your agreement to arbitrate overrides any different arbitration or other dispute resolution agreement between us, including any arbitration agreement in a lease or finance contract.
10. Changes to this Reservation Agreement. At IAMBIC, we may change the prices of our products without prior notice.
We retain the right to modify or terminate the Service (or any portion or content thereof) at any time without notice.
We are not responsible to you or any third party for any changes in price, suspension, modification, or discontinuation of the Service.
We may amend this Reservation Agreement to better serve our customers, and such changes will be made at our sole discretion. We encourage you to check this page regularly for any updates.