Last Updated: 09/04/2014
1. ACCEPTANCE OF TERMS
3. OTHER RULES, POLICIES, AND AGREEMENTS
4. USE OF THE SITE AND SERVICES
5. USER CONDUCT
use the Site in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights;
reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Site for any non-personal purpose or any for any purpose unrelated to your personal shopping or purchasing decisions, without the express written consent of icotek, which consent may be withheld by icotek in our sole discretion;
Impose an unreasonable or disproportionately large load on Our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with icotek, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
knowingly provide or submit false or misleading information or fail to update outdate information you have provided or submitted;
use the Site if you are under the age of thirteen (13);
use the Site in any way that could interfere with the rights of others, including but not limited to the rights of icotek or the rights of other users of the Site;
attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server used by icotek by hacking, password “mining: or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other user of the Site use;
transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site;
access, download, monitor, or copy any information contained on our Site through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Site; or
probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on or of the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, or any other customer of icotek, including any icotek account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by icotek and provided for by the Site;
6. TERMINATION OF ACCESS
icotek may terminate your privilege to use or access the Site immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and agree not access or make use of, or attempt to use, the Site. Furthermore, you acknowledge that icotek reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site. You understand that icotek may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to icotek.
7. THIRD PARTY WEBSITES AND HYPERLINKS
The Site may display links to other Internet sites or resources. Because icotek has no control over such sites and resources, you acknowledge and agree that icotek is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that icotek shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
In no event shall any reference to any third party or third party product or service or shall any link to the Site imply, be construed as an approval, guarantee, or endorsement by icotek of that third party or of any product or service provided by a third party.
8. TRADEMARKS AND COPYRIGHTS
icotek, and other Site graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of icotek in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Site is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Site, including, but not limited to, all text, graphics, logos, icons, images, video clips, downloads, data compilations and software are the exclusive property of icotek and/or its licensors and are protected by all United States and international copyright laws.
9. DELAYS AND ACCESSIBILITY
The Site may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. icotek is not responsible for any delays, failures or other damage resulting from such problems.
10. WARRANTIES AND DISCLAIMERS
You acknowledge that icotek has no control over, and no duty to take any action regarding: which users gain access to or use the Site; what effects the content on or in connection with the Site may have on you; how you may interpret or use the content on or in connection with the Site; or what actions you may take as a result of having been exposed to the content on or in connection with the Site. You release icotek from all liability for you having acquired or not acquired content or information through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. icotek makes no representations concerning any content contained in or accessed through the Site, and icotek will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. icotek makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITE AT YOUR OWN RISK. THE SITE ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ICOTEK NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ICOTEK, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE. IN NO EVENT WILL ICOTEK OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ICOTEK OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ICOTEK OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ICOTEK DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. 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, ICOTEK'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ICOTEK SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ICOTEK HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
icotek has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release icotek from all liability for you having acquired or not acquired Content through the Site. icotek makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Site, and icotek will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
12. LIMITATION OF LIABILITY
14. ENTIRE AGREEMENT
15. GOVERNING LAW
17. CONTACTING US
icotek welcomes your feedback and questions about the Site. However, any comments, ideas, notes, messages, suggestions, or other communications sent to the Site shall be and remain the exclusive property of icotek and icotek may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation or notice to you. Any communication or material you transmit to the Web Site by electronic mail or otherwise is, and will be treated as, non-confidential and non-proprietary. Feedback and comments should be sent to info(at)icotek-usa.com.