Acceptance of Terms
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.
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.
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 firstname.lastname@example.org 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.
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.
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