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The design and content of the Icebox Cafe® website, www.iceboxcafe.com (the “Site”), has been prepared and/or authorized by Icebox Cafe, L.C. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors (collectively, “Icebox”). Access to and use of the Site is subject to the following terms of use and all applicable laws (“Terms of Use”):

Acceptance of Terms

By accessing, browsing and using this Site in any way, you accept, without qualification or limitation, the Terms of Use, which may be revised, updated and uploaded to the Site by Icebox at any time. Each time you use this Site, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Site.

Icebox may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.

Communications Policy

Any and all confidential personal information you provide us via this Site will be subject to Icebox’s security policies and procedures regarding the protection of confidential information and will not be shared or sold to any third party entities without your approval. Icebox may send some or all of the information you provide to companies who work on behalf of Icebox for processing and/or responding to your orders. However, these companies do not have any right to use the information we provide to them for any purpose other than for the services that they provide Icebox.

Cookies

This Site uses “cookie” technology. Cookies provide information about the user and his/her preferences that are stored on the user’s computer for that session only. Only the information provided by the user, or the choices made while visiting a website, can be stored in a cookie. When we use cookies, which may be in conjunction with other technology and always on an anonymous basis, it may be for security purposes, to understand how visitors to the Site are using it, and/or to administer visitor preferences.

Site Errors/Changes

Given the unpredictability of technology and the online environment, Icebox does not warrant the function or operation of this Site, that the use of the Site will be uninterrupted or error-free or that defects will be corrected. Icebox makes every effort to present the most recent, accurate, and reliable information on this Site at all times. However, on occasion information provided on this Site may contain incomplete data, typographical errors, or inaccuracies. Please be aware that we present our content ‘as is’ and make no claims to its accuracy, either expressed or implied. Icebox reserves the right to amend errors or to update product information at any time without prior notice. Icebox shall not be liable for damages of any kind related to your use of or inability to access this site. Icebox will not be liable for any damages or injury, including but not limited to, special or consequential damages that are caused by any failure of performance, error, omission, delay in operation of transmission, computer virus, line failure or inability to use the Site. Icebox does not warrant or make any representations regarding the use of the information contained on this Site in terms of its correctness, accuracy, reliability, or otherwise. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. ICEBOX DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Trademarks & Copyrights

All trademarks, logos, and service marks displayed on this Site are registered and unregistered trademarks of Icebox or any of its subsidiaries or related business entities, and/or third parties who have authorized their use (collectively, the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of Icebox’s trademarks on any other website is strictly prohibited. All of the materials contained on this Site are copyrighted except where explicitly noted otherwise. The absence of a trademark, trade name or service mark does not constitute a waiver of our intellectual property rights concerning the trademark, trade name or service mark. Icebox will aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to seeking criminal prosecution. Icebox neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Icebox. Use of any materials on the Site is at your own risk.

Third-Party Copyrights

Icebox does not permit copyright infringing activities on its Site. Icebox abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove materials if properly notified that such materials infringe on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on our Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending an e-mail to info@iceboxcafe.com and providing the following information:

  • Your name, address, telephone number, and e-mail address.
  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Claims

Icebox controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of Florida, without regard for its conflicts of law provisions. Icebox and you agree that the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida or the Southern District of Florida, Miami Division, as applicable, will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or related to these Terms of Use. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Electronic Communications

When you visit the Site or send e-mails to us or register for our email list, you are communicating with us electronically. You consent to receive communications from us electronically so that we may respond to your communications. We will communicate with you by email or by posting notices on this Site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By submitting your email address, you may receive Icebox alerts, announcements, polls, surveys, advertisements, coupons, promotions, and/or information regarding giveaways, sweepstakes, and contests, and you agree that Icebox and its third party service providers may use your email address to contact you for those purposes and about Icebox and for administrative purposes.

Disclaimer of Warranties

The Site and its content and electronic communications from Icebox and its third party service providers are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, ICEBOX AND EACH OF ITS AGENTS, RESPRESENTATIVES AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Icebox, its agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Site and electronic communications from Icebox and its third party service providers will be reliable, accurate, complete, or updated on a timely basis; (b) the Site and electronic communications from Icebox and its third party service providers will be free human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the Site and electronic communications from Icebox and its third party service providers will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; or (d) the functions or services performed on the Site and electronic communications from Icebox and its third party service providers will be uninterrupted or error-free or that defects in the Site will be corrected.

Limitation of Liability

ICEBOX, ITS AGENTS’, REPRESENTATIVES’ AND SERVICE PROVIDERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. ICEBOX, ITS AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR SPECIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ELECTRONIC COMMUNICATIONS FROM ICEBOX AND ITS THIRD PARTY SERVICE PROVIDERS. THESE EXCLUSIONS FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, AND SPECIAL DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ICEBOX, ITS AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ICEBOX, ITS AGENTS’, REPRESENTATIVES’ AND SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold Icebox, and each of its agents, representatives, and service providers harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with, your violation of these Terms of Use.

© 2013   •  All Rights Reserved