Terms of Use
Last Updated: 09/04/2014
1. ACCEPTANCE OF TERMS
The icotek website available at www.icotek.com/us and the various content, features, and services offered on and in connection with this site (collectively, the “Site”) are owned and operated by icotek corp, (hereinafter referred to as “we” or “icotek”). This Terms of Use is a legal contract between you and icotek.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITE.
2. MODIFICATIONS OF TERMS OF USE
icotek may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Site, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Site to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Site and to provide icotek notice to remove you from any distribution lists or other communication list that are available to you through your use of the Site. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
3. OTHER RULES, POLICIES, AND AGREEMENTS
When using, accessing, or purchasing particular services or features of the Site, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use. For example, the icotek Website and Online Privacy Policy available at www.icotek-usa.com is incorporated herein by reference. Furthermore, you agree that icotek may establish general practices, policies and limits, which may or may not be published, concerning the use of the Site.
4. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, icotek grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Site for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in this Terms of Use, without the express written consent of icotek. icotek may modify, update, suspend or discontinue the Site, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. icotek shall not be liable to you or any other third party for any such modification, update, suspension or discontinuance.
5. USER CONDUCT
As a condition of your access and use of the Site and your submission or access to any communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Site (collectively, the “Content”), you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by icotek. By way of example, and not as a limitation, you agree not to:
intentionally or unintentionally violate these Terms of Use, other applicable agreement with icotek, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
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;
use the Site or its Content for any purposes not authorized by this Terms of Use;
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.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Site, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
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.
11. INDEMNITY
You agree to indemnify, defend and hold harmless icotek, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to icotek or that you submit, transmit or otherwise make available through the Site; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. icotek will have sole control of the defense of any such damage or claim.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ICOTEK, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ICOTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITE; (F) ANY OTHER MATTER RELATING TO THE SITE; (G) ANY BREACH OF THESE TERMS OF USE BY ICOTEK OR THE FAILURE OF ICOTEK TO PROVIDE THE SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT ICOTEK, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.
13. NOTICE
By use of the Site, you consent to receive electronic communications from icotek (via email or via a posting on the Site), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that icotek may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site.
14. ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use including, without limitation, the Privacy Policy, constitutes the entire agreement between you and icotek. These Terms of Use supersede any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and icotek regarding the subject matter contained in these Terms of Use.
15. GOVERNING LAW
These Terms of Use and the relationship between you and icotek will be governed by the laws of Illinois, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of Illinois and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that icotek may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
16. MISCELLANEOUS
If you breach any term of this Terms of Use or other agreement with icotek, icotek may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Icotek’s remedies are cumulative and not exclusive. Failure of icotek to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable or sublicensable by you except with icotek’s prior written consent. We may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. Users of this Site are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and icotek as a result of these Terms of Use or your use of the Site.
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.