Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of ICS.
The collective work includes works that are licensed to ICS.
Copyright 2003, ICS ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with ICS or purchasing ICS
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
ICS or to purchase ICS products. Any other use, including but
not limited to the reproduction, distribution, display or transmission
of the content of this site is strictly prohibited, unless authorized by
ICS. You further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of ICS used in the site are trademarks or registered trademarks of ICS.
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, ICS disclaims
all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose and non-infringement. ICS does not represent or warrant that
the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the
server that makes the site available are free of viruses or other
harmful components. ICS does not make any warranties or
representations regarding the use of the materials in this site in terms
of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
ICS
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if ICS has been
advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In
the event that a ICS product is mistakenly listed at an incorrect
price, ICS reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. ICS reserves the right to
refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is cancelled, ICS shall
issue a credit to your credit card account in the amount of the
incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by ICS without
notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
ICS
may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to
ICS.
Miscellaneous
Your use of this
site shall be governed in all respects by the laws of the state of
California, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of ICS products)
shall be in the state or federal courts located in Los Angeles County,
California. Any cause of action or claim you may have with respect to
the site (including but not limited to the purchase of ICS products)
must be commenced within one (1) year after the claim or cause of
action arises. ICS failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. ICS may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a ICS or other licensed employee, host, or
representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish
through the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial
content on the site or use the site to solicit others to join or become
members of any other commercial online service or other organization.
Participation Disclaimer
ICS
does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, ICS is merely acting
as a passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the
site. However, ICS reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in
violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to ICS
in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless ICS, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your
account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors, ICS may link
to sites operated by third parties. However, even if the third party is
affiliated with ICS, ICS has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of ICS. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless,
ICS seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link
does not work).