ACCESS TO SITE
By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use (“Terms”) and to comply with all applicable U.S. laws and regulations. In addition, you hereby represent and certify that you are at least eighteen (18) years of age. If you do not or cannot agree to the Terms, please do not use the Site or any of the services offered through the Site. IcyyXpress reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms as “Additional Terms”) will be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
ACCEPTABLE USE OF THE SITE
In order to use the Site, you must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees associated with such access.
(a) Individual Use. You agree that you are only authorized to visit, view and to retain a single copy of pages of the Site for your own internal use and not on behalf of any other person or entities, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own internal use unless otherwise specifically authorized by IcyyXpress in writing. IcyyXpress posts legal notices and various credits on pages of the Site, which may not be removed even in your permitted copies. Please do not remove these notices or credits, or any additional information contained along with the notices and credits.
(b) Deep Links; Linking. You agree not to “deep-link” to the Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the Site for any purpose, unless specifically authorized by IcyyXpress in writing to do so. If you do want to link to the Site in any manner, please contact info@IcyyXpress.com to seek approval.
(c) Framing. You agree not to create any frames at any other web sites pertaining to or using any of the content located at the Site for any purpose, unless specifically authorized by IcyyXpress in writing to do so.
(d) Security, Cracking and Hacking. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. IcyyXpress reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
(e) You Are Responsible For All of Your Activities and All of The Content You Post. You represent and warrant that any information you post or provide to IcyyXpress by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site, is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Site including, without limitation, any content, product or configuration recommendations or product specifications, are not offered with any warranty or representation as to accuracy, performance or suitability for your intended purpose or compliance with applicable law. IcyXpress expects that you will exercise caution, best product development practices, best manufacturing practices and engineering oversight in using information supplied through the Site. You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of the Site.
(f) Do Not Violate Third Party Intellectual Property Rights. Without limiting the foregoing, you may not, and by using the Site you agree not to, use the Site to: (i) transmit or post material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of these Terms, the term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
(g) Ownership. IcyyXpress will put a lot of content on the Site for you to examine from time to time. An example of possible content includes: text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed by IcyyXpress on, through or in connection with the Site. Moreover, IcyyXpress attempts to display the content in a way that will be easily accessible and useful for you, the user. All content and materials on the Site including, without limitation, text, graphics, logos, button icons, images, audio clips and software included in the Site and any services offered on the Site, are the property of IcyyXpress, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on the Site is the exclusive property of IcyyXpress and is protected by U.S. and international copyright laws. All software used on the Site is the property of IcyyXpress or its licensors and is subject to U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of IcyyXpress and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved to IcyyXpress.
(h) Spidering. THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR “SPIDER” THE SITE OR ANY OF THE PAGES OF THE SITE INFRINGES ON ICYXPRESS AND/OR ITS LICENSORS’ COPYRIGHTS. DO NOT USE ANY SUCH TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE SITE!
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ICYYXPRESS DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED, DISCONTINUED OR ERROR-FREE. ICYYXPRESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ICYYXPRESS EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION WITH RESPECT TO ANY DESIGN, SUITABILITY, CONFIGURATION, RECOMMENDATION OR CUSTOMIZATION OF ANY RECHARGEABLE SOLUTION, DEVELOPMENT KIT, PRE-PRODUCTION PROTOTYPE, BATTERIES, CHARGERS AND/OR POWER SUPPLIES YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT. ICYYXPRESS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITE. ICYYXPRESS DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES ICYYXPRESS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
LIMITATION OF LIABILITY
TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ICY XPRESS’S NEGLIGENCE, SHALL CHEF ICYY XPRESS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF ICYY XPRESS OR AN AUTHORIZED ICYY XPRESS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL ICYY XPRESS’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS ICY XPRESS AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
GOVERNING LAW AND ARBITRATION
The laws of the State of Texas (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Waco, Texas under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS NEAREST ICYY XPRESS PRINCIPAL PLACE OF BUSINESS (CURRENTLY WACO, TEXAS).
WAIVER AND SEVERABILITY
Furthermore, no delay or omission by Icyy Xpress to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Icyy Xpress. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.