Updated as of March 15, 2010
ICG CONNECT Terms of
Service & User Agreement
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY
ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO
NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
ICG CONNECT, a division of Infinity Coaching Group, LLC.
(collectively “ICG CONNECT” or “We”) would like to thank you for visiting our
website. This document contains the terms and conditions for governing your access to, and use of, the
ICG CONNECT’s Website located at www.ICGconnect.com (or any subsequent URL
which may replace it) and all officially associated websites and micro-sites
(collectively, the "Website"), any services offered by ICG CONNECT, the
Website, and all features, functions, software and services offered through
this Website. The Website, and the features, functions, software and services
offered through this Website collectively constitute the "Services"
or the “Service”.
1. ACKNOWLEDGEMENT
AND ACCEPTANCE OF TERMS
These Terms constitute a legal agreement between you and ICG
CONNECT. In this Agreement, the terms
"We/us/our" mean ICG CONNECT and "You/your" means you as a
user of the Website or any of the Services.
Your using this Website or the Services, shall constitute your agreement
to accept and be bound by the terms and conditions appearing in these Terms of
Service & User Agreement, and your agreement to comply with any Rules of
Conduct and/or Acceptable Use Policy, as well as the Privacy Policy posted on
the Website or otherwise provided to you by ICG CONNECT (collectively the
“Terms” or “TOS”), which may be updated and/or modified by us from time to time
without notice to you. You understand
that any updated or modified Terms are binding on You. If you do not agree with
any of these Terms, please do not access or otherwise use the ICG CONNECT
Website and the Services.
You hereby represent that you have the legal capacity to enter
into this Agreement and you are not barred from receiving services offered by the
Website under the laws of the United States or other applicable jurisdiction.
You understand that the services being offered may include certain
communications from ICG CONNECT, such as service announcements, administrative
messages or other information, and that these communications constitute part of
the Services being offered by the Website and you may not have the right to opt
out of receiving them.
Your use of the Website and the Services is subject at all times
to these Terms, Rules of Conduct and/or Acceptable Use Policy as well as to the
Privacy Policy. All user identities created on the Website are governed by
these Terms. You can review the most current version of the TOS at any time at:
http://www.ICGConnect.com. Guidelines or other rules applicable to the Services
may be posted and modified from time to time by ICG CONNECT. All such guidelines or rules are hereby
incorporated by reference into the TOS and You agreed to abide them.
You will not hold ICG CONNECT responsible for other users'
(including event holders) content, actions or inactions. You acknowledge that
we have no control over and do not guarantee the quality, safety or legality of
events advertised, the truth or accuracy of users' content, listings, or
ability to perform, or actually complete a transaction. If are interested in any event, business,
opportunities, or information advertised on ICG Connect, you must contact the
organizer or owner of such event, business, opportunities, or information to
confirm details and accuracy.
2. CHANGES TO TERMS
ICG CONNECT may amend the Terms at any time in our sole
discretion. Amendments and modifications will be effective immediately after
publishing them on the Website or otherwise providing you a copy thereof, and
you waive any right you may have to receive specific notice of such changes or
modifications. You agree to and are responsible for checking all Terms
periodically so you will be familiar with their contents as they may be amended
or modified from time to time. By continuing to use any portion of the
Services, you signify your acceptance of any revised or updated terms. If you
do not agree to the amended Terms, you must stop using the Services.
3. DESCRIPTION OF ICG
CONNECT
ICG CONNECT provides a simple and efficient means for event hosts
to advertise their business events. Event organizers and planners may come to
the ICG CONNECT website, fill out a questionnaire about their business event,
including pricing, location, description, and other information, and may also
collect feedback from event attendees. Payments
are all transacted through PayPal, or other ICG CONNECT specified payment mode,
which may be made available from time to time. For more information, please see
www.ICGConnect.com. As used herein,
"Customers" means ICG CONNECT event hosts or organizers ("ICG
CONNECT Event Host Accounts"), registered event seekers ("ICG CONNECT
Event Seekers Accounts").
You also understand and agree that the ICG CONNECT Services may
include advertisements and that these advertisements are necessary for ICG
CONNECT to provide the ICG CONNECT Services. You also understand and agree that
the ICG CONNECT Services may include certain communications from ICG CONNECT,
such as service announcements, administrative messages, and ICG CONNECT
updates, and that these communications are considered part of ICG CONNECT
membership and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment or enhance the
current ICG CONNECT Services, including the release of new ICG CONNECT
properties, are subject to the TOS.
You understand and agree that the ICG CONNECT Services are
provided "AS-IS" and that ICG CONNECT assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for obtaining
access to the ICG CONNECT Services, and that access may involve third-party
fees (such as Internet service provider or airtime charges). You are responsible
for those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the ICG CONNECT Services.
You understand that the technical processing and transmission of
the ICG CONNECT Services, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
4. ICG CONNECT'S
PROPRIETARY RIGHTS
ICG CONNECT is the owner of the Website and the Services, which
are protected by US and international laws, including, but not limited to,
copyright laws. All rights and title in and to the Website and Services, all
features and content thereof (including without limitation any user accounts,
titles, computer code, files, client and server software, tools, patches,
updates, objects, text, dialogue, catch phrases, information, data,
documentation and similar) and the selection and arrangement thereof (collectively
the "Proprietary Materials") are the proprietary property of ICG
CONNECT or its licensors and are protected by U.S. and international law,
including, but not limited to, copyright and other proprietary rights
laws. In the event that you make any
modifications, adaptations or derivative works of any kind to the Proprietary
Materials (the "Modifications"), whether authorized or unauthorized,
you understand and agree that you shall retain no rights of any kind in and to
such Modifications and that all rights therein shall belong solely to ICG
CONNECT. You hereby assign and transfer to ICG CONNECT, without any
compensation, any and all rights you may have in and to such Modifications.
You further acknowledge and agree that information presented to
you through the Service is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized in
writing by ICG CONNECT, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
ICG CONNECT grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Services by any means other than through the interface that is provided by ICG
CONNECT for use in accessing the Service.
5. ACCOUNT
You may be required to create an account (an "Account")
to access our Website, features and functions or our Services. You must be at
least 18 years of age or otherwise have reached the age majority to create an
Account.
By creating an Account or otherwise using the Services, you
represent that you are of majority age. Only one person may use an Account.
When creating an Account and a user identity ("User ID")
you agree to (i) provide true, accurate, current and complete information as
requested in the required fields (the "Account Information") and (ii)
promptly maintain and update such User ID and your Account Information to keep
it true, accurate, current and complete.
You, as creator of your Account and User ID, are solely
responsible for your User ID. ICG CONNECT will not tolerate offensive or
obscene User IDs. If a User ID violates any part of these terms, we may
immediately, temporarily, or permanently ban such a User ID, with or without
notice, for any reason.
ICG CONNECT is not responsible for any misuse of your Account or
your User ID, you agree to accept all risks of unauthorized access to your
Account and to hold ICG CONNECT and its affiliates harmless from and against
any improper use of your Account or your User ID, including, but not limited
to, improper use by someone to whom you revealed your password.
Please note that, you are responsible for maintaining the
confidentiality and security of your User ID and password, and you agree to
notify us if your password is lost, stolen, or disclosed to an unauthorized
third party, or otherwise may have been compromised. You are solely responsible
for all activities and transactions that occur under your Account, and ICG
CONNECT is not responsible for any unauthorized use of your account, including
without limitation in the event that your password is stolen or revealed to a
third party. You agree to immediately notify us of any unauthorized use of your
Account or any other breach of security in relation to the Website, the
Services known to you. ICG CONNECT
provides you with choice to change your password in order to safeguard your
Account.
Your Account may be deactivated if you do not use your Account
within twelve months after the date that it was created or for any continuous
period of twelve months after creation. If you do not use your Account for
twelve or more months, it may be removed and deleted by the Website
administrator at their sole discretion. We will endeavor to use reasonable
efforts to notify you by e-mail before we delete your Account, unless we are deleting
your User ID for a violation of the terms or discontinuation of the Services.
However, we will not be liable in any manner for any failure to give notice. If
you advise us within five days of the notice that you want to keep your Account
active, we will not delete it. If you do not so notify us, your Account may be
permanently deleted, along with your User ID, records, ranks and service
information.
Please note that regardless of any notice, ICG CONNECT reserves
the right to discontinue the Service or to terminate or suspend your account at
any time in its sole discretion for any reason, or for no reason.
6. LICENSE
Subject to all Terms, ICG CONNECT grants to you, for your use
only, a limited, non-exclusive, revocable, nontransferable and nonsublicensable
license to access and use the Services and the Proprietary Materials
Except as expressly permitted in the Terms, such license does not
include, and you agree not to engage in, any: (a) resale, sublicense, lending
or commercial use of the Services or the Proprietary Materials therein; (b)
distribution, public performance or public display of any Proprietary Materials
except in connection with the ordinary course of the Services, (d) modifying,
adapting, altering, enhancing, or otherwise making any derivative uses of the
Services or other Proprietary Materials, or any portion thereof ; (e) use of
any data mining, robots or similar data gathering or extraction methods; (f)
downloading (other than the page caching) of any portion of the Proprietary
Materials or any information contained therein, except as expressly permitted
on the Site; (g) reverse engineer or decompile the Proprietary Materials, or
otherwise attempt to derive source code included in the Proprietary Materials;
or (h) any use of the Services or the Proprietary Materials other than for its
intended purpose. Any use of the Service or the Proprietary Materials other
than as specifically authorized herein, without the prior written permission of
ICG CONNECT is strictly prohibited and will, at ICG CONNECT’s option, terminate
the license granted herein. Such
unauthorized use may also violate applicable laws including, without limitation,
copyright and trademark laws and applicable communications regulations and
statutes. Unless explicitly stated
herein, nothing in these Terms shall be construed as conferring any license to
or rights in intellectual property rights, whether by estoppel, implication or
otherwise. This license is revocable at any time with or without cause.
7. PRIVACY
Please review our Privacy Policy, for information regarding the
collection, use and distribution of personal information collected through this
Website, which is published on the Website, currently at http://www.ICGconnect.com
8. MONITORING
You understand and agree that when you communicate with other
users or utilize any interactive features available on the Website, such as
instant messaging, forums or chat rooms, such communications and postings are
transmitted through our servers, and we may, but are not obligated to, monitor
all such communications and postings, including those that are designated as
“private” or similar. You acknowledge
that you have no expectation of privacy with respect to any such communications
or postings, and you expressly consent to such monitoring.
9. CONTENT SUBMITTED
OR MADE AVAILABLE FOR INCLUSION ON THE ICG CONNECT SERVICES
With respect to content you submit or make available for inclusion
on publicly accessible areas of the ICG CONNECT Services (the “Content”), you
grant ICG CONNECT the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
a. With respect to
Content you submit or make available for inclusion on publicly accessible areas
of ICG CONNECT the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the ICG CONNECT Services
solely for the purposes of providing and promoting the specific Content
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the ICG CONNECT Services and will
terminate at the time you remove or ICG CONNECT removes such Content from the
ICG CONNECT Services.
b. With respect to
photos, graphics, audio or video you submit or make available for inclusion on
publicly accessible areas of the ICG CONNECT, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the ICG CONNECT Services solely for the purpose for which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the ICG CONNECT Services and will
terminate at the time you remove or ICG CONNECT removes such Content from the
ICG CONNECT Services.
c. With
respect to Content other than photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the ICG CONNECT
Services, the perpetual, irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform and
publicly display such Content (in whole or in part) and to incorporate such
Content into other works in any format or medium now known or later developed.
ICG CONNECT may provide, at its sole discretion, "publicly
accessible" areas to be available to the general public. However, publicly
accessible areas of the ICG CONNECT Services would not include portions limited
to members, ICG CONNECT services intended for private communication such as ICG
CONNECT Mail or ICG CONNECT Messenger. ICG
CONNECT has the sole discretion to determine which Services to be made publicly
accessible and has the right to modify such decisions at any time and for any
reason or for no reason whatsoever.
10. USER CONTENT
The Services may include discussion forums, chat rooms, user
feedback, messaging features, comments and other interactive areas or services
(“Interactive Areas”) in which you or other users create, post, send or store
any content, messages, materials, data, information, text, music, sound,
photos, video, graphics, code or other items or materials on or through the
Website (the "User Content"). User Content posted to the Website is
publicly available and not confidential and will become the sole property of ICG
CONNECT. ICG CONNECT strongly recommends
that you not publish any personal information about yourself or others on or
through the Website. In consideration of your use of the Services, you hereby
transfer and assign to ICG CONNECT all right, title and interest in and to the
User Content you create, post, store or transmit on or through the Website,
including all intellectual property rights therein, and ICG CONNECT shall be
entitled to the unrestricted use, dissemination and other exploitation of such
User Content for any purpose, commercial or otherwise, without acknowledgment
or compensation to you. You are solely responsible for the User Content you
post and for your use of such Interactive Areas.
You agree not to post, upload to, transmit, distribute, store, create
or otherwise publish through the Site any of the following:
• (a) User Content
that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, invasive of privacy or publicity rights,
abusive, inflammatory, fraudulent or otherwise objectionable;
• (b) User Content
that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create
liability or violate any local, state, national or international law,
• (c) User Content
that may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party. By posting any User Content,
you represent and warrant that you have the lawful right to distribute and
reproduce such User Content
• (d) User Content
that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity;
• (e) Unsolicited
promotions, political campaigning, advertising or solicitations if in violation
of any US or international laws;
• (f) Private
information of any third party, including, without limitation, addresses, phone
numbers, email addresses, Social Security numbers and credit card numbers;
• (g) Viruses,
corrupted data or other harmful, disruptive or destructive files; and
• (h) User Content
that violates the Terms or that, in the sole judgment of ICG CONNECT, is
objectionable or which restricts or inhibits any other person from using or
enjoying the Website, or which may expose ICG CONNECT or its users to any harm
or liability of any type.
ICG CONNECT takes no responsibility and assumes no liability for
any User Content posted, stored or uploaded by you or any third party, or for
any loss or damage thereto, nor is ICG CONNECT liable for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity, pornography or
profanity you may encounter. Your use of the Website, the Services and any
Interactive Areas is at your own risk. ICG
CONNECT is not liable for any statements, representations or User Content
provided by its users in any public forum, personal home page or other
Interactive Area. Although ICG CONNECT has no obligation to screen, edit or
monitor any of the User Content posted, ICG CONNECT reserves the right, and has
absolute discretion, to remove, screen or edit any User Content posted or
stored on the Site at any time and for any reason without notice, and you are
solely responsible for creating backup copies of and replacing any User Content
you post or store on the Site at your sole cost and expense. Any use of the
Interactive Areas or other portions of the Site in violation of the foregoing
violates these Site Terms and may result in, among other things, termination or
suspension of your rights to use the Interactive Areas and/or the Site.
You represent and warrant that (a) you own and control all of the
rights to the User Content that you post or permit ICG Connect to post or you
otherwise have the right to post such User Content to the Site; (b) the User
Content is accurate and not misleading; and (c) use and posting of the User
Content you supply does not violate these Terms and will not violate any rights
of or cause injury to any person or entity. You shall be solely liable for all
royalties, fees, damages and any other monies resulting from any infringement
of such right or any other harm resulting from any User Content you provide.
11. USER CONDUCT
You must observe these Terms, all Rules of Conduct, all applicable
laws and all basic rules of etiquette and common courtesy when using the
Website and the Service. Any conduct that violates the law in an offline, real
world community is also a violation of these terms. ICG CONNECT will not tolerate
any illegal or offensive conduct.
In using the ICG CONNECT’s Website and/or Services, you understand
that you are liable for all information, in whatever form, (Information) you
make available to your customers. You agree not to use the Service to:
a. upload, post, email, transmit or otherwise make available any
Information that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. Impersonate any person or entity, including, but not limited
to, an ICG CONNECT representative, forum leader, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Information transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any
Information that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any
Information that infringes any patent, trademark, trade secret, copyright or
other proprietary rights (Rights) of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of solicitation, except
in those areas that are designated for such purpose and within the scope of
such designation;
h. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law; or
k. stalk or otherwise harass another.
l. Engage in any otherwise
illegal or unlawful conduct.
You acknowledge that ICG CONNECT does not pre-screen any Content
working in coordination with the Service, but that ICG CONNECT and its
designees shall have the right (but not the obligation) in their sole
discretion to rescind use of the Service. You acknowledge and agree that ICG
CONNECT may preserve Information and may also disclose Information if required
to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Information violates the rights
of third-parties; or (d) protect the rights, property, or personal safety of
ICG CONNECT, its users and/or the public. You understand that the technical
processing and transmission of the Service, including your Information, may
involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
ICG CONNECT may take any actions and impose any penalties we deem
necessary to discourage and punish any violation of these terms or any other
illegal or inappropriate conduct, all without prior notice or warning. The
determination as to whether a violation has occurred and who is responsible for
such act is solely within ICG CONNECT's discretion, and is based on what we
deem best for the community and the Website. By using the Website, you agree
you will be bound by ICG CONNECT's determination as to whether a violation has
occurred and any penalty we choose to implement.
12. HYPERLINKS
You are granted a limited, non-exclusive right to create a text hyperlink
to the Website for noncommercial purposes, provided such link does not portray ICG
CONNECT or any of its products and services in a false, misleading, derogatory
or otherwise defamatory manner and provided further that the linking site does
not contain any adult or illegal material or any material that is offensive,
harassing or otherwise objectionable or illegal. This limited right may be
revoked at any time. You may not use a ICG CONNECT logo or other proprietary
graphic of ICG CONNECT to link to this Website without the express written
permission of ICG CONNECT. Further, you may not use, frame or utilize framing
techniques to enclose any ICG CONNECT trademark, logo or other proprietary
information, including the images found at the Website, the content of any text
or the layout/design of any page or form contained on a page on the Website
without ICG CONNECT’s express written consent. Except as noted above, you are
not conveyed any right or license by implication, estoppel or otherwise in or
under any patent, trademark, copyright or proprietary right of ICG CONNECT or
any third party. Because ICG CONNECT has no control over such sites and
resources, you acknowledge and agree that ICG CONNECT 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 ICG CONNECT 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. ICG CONNECT provides these links to you only
as a convenience, and the inclusion of any link does not imply affiliation,
endorsement or adoption by ICG CONNECT of any site or any information contained
therein. When you leave the Website, you should be aware that our terms and
policies no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any site to which you
navigate from the Website.
13. THIRD PARTY CONTENT
ICG CONNECT may provide or make available third party content on
the Website or through the Services and may provide links to Web pages and
content of third parties (collectively the "Third Party Content") as
a service to those interested in this information. ICG CONNECT does not monitor
or have any control over any Third Party Content or third party Web sites. ICG
CONNECT does not endorse or adopt any Third Party Content and can make no
guarantee as to its accuracy or completeness. ICG CONNECT does not represent or
warrant the accuracy of any information contained therein and undertakes no
responsibility to update or review any Third Party Content. Users use such
Third Party Content contained therein at their own risk.
14. ADVERTISEMENTS –
PROMOTIONS
ICG CONNECT may run advertisements and promotions from third
parties on the Website or may otherwise provide information about or links to
third-party products or services on the Website. Your business dealings or
correspondence with, or participation in promotions of, such third parties, and
any terms, conditions, warranties or representations associated with such
dealings or promotions are solely between you and such third party. ICG CONNECT
is not responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or promotions or as the result of the presence of
such non-ICG CONNECT advertisers or third party information on the Website
15. FEEDBACK & STAR
RATINGS AND OTHER SIMILAR FEATURES
BY USING THE WEBSITE AND ITS SERVICES YOU ACKNOWLEDGE THAT ICG
CONNECT IS IN NO WAY RESPONSIBLE OR LIABLE, TO YOU AND/OR THIRD PARTIES, FOR
THE CONTENT OF COMMENTS, FEEDBACK, STAR RATINGS AND SIMILAR FEATURES THAT MAY
BE MADE AVAILABLE THROUGH THE WEBSITE AND THAT IN NO EVENT SHALL ICG CONNECT,
ITS DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, ATTORNEYS
BE LIABLE TO YOU AND/OR THIRD PARTIES FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, PUNITIVE DAMAGES, TREBLE DAMAGES, LOSS OF PROFITS OR
LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED
TO NEGLIGENCE) OR OTHERWISE RESULTING FROM COMMENTS, FEEDBACK, STAR RATINGS AND
SIMILAR FEATURES THAT MAY BE MADE AVAILABLE THROUGH THE WEBSITE.
16. FEES
ICG CONNECT may charge fees to access the Website and/or the
Services on the Website. ANY APPLICABLE
FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND
NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. ICG CONNECT may, from time to time, modify,
amend, or supplement its fees, billing methods and terms, and post those
changes in these Terms, in separate Terms of Sale or in other terms or
agreements posted on the Website or otherwise provided to you by ICG CONNECT.
Such modifications, amendments, supplements or Terms of Sale shall be effective
immediately upon posting on the Website and shall be incorporated by reference
into these Terms. This includes, but is
not limited to, the right to assess posting fees. If any change is unacceptable to you, you may
cancel your account at any time.
If you claim a chargeback for any reason, we have the right to
investigate and dispute such chargeback. If we believe that your chargeback
requirement is spurious, unreasonable, or invalid, we may take the dispute to
court. If your chargeback is deemed invalid, you agree to pay for all fees and
costs resulting from the disputed chargeback, including but is not limited to
legal fees and expenses, damages, monies lost due to non-operation, and
chargeback fees.
16. PAYMENT INFORMATION
There is one primary payment processing option when using ICG
CONNECT: Self Service (collecting registration or advertisement fees using
PayPal or offline methods). Full Service payment (using ICG CONNECT payment
processing gateway) may be made available in the future at ICG’s discretion. Depending on the payment processing option
you may be able to choose when using ICG CONNECT, monetary collections will be
made by you directly (Self Service) or by ICG CONNECT (Full Service).
17. INTERRUPTION OR
MODIFICATION OF SERVICE
(a) ICG CONNECT reserves the right to interrupt the Services from
time to time on a regularly scheduled basis or otherwise with or without prior
notice in order to perform maintenance. You agree that ICG CONNECT will not be
liable for any interruption of the Services, delay or failure to perform
resulting from any causes whatsoever.
(b) You acknowledge that the Services may be interrupted for
reasons beyond the control of ICG CONNECT, and ICG CONNECT cannot guarantee
that you will be able to access the Services or your Account whenever you may
wish to do so. ICG CONNECT shall not be liable for any interruption of the
Services, delay or failure to perform resulting from any causes whatsoever.
(c) ICG CONNECT has the right at any time with or without reason
to change and/or eliminate any aspect(s) of the Services as it sees fit in its
sole discretion.
(d) ICG CONNECT is not be obligated to refund all or any portion
of any Account fee (if any), by reason of any interruption of the Services by
reason of any of the circumstances described in paragraph (a) or (b).
ICG CONNECT reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. ICG CONNECT will not be responsible to you for
refund, in whole or part, of service fees for any reason. You agree that ICG
CONNECT shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the ICG CONNECT Services (or any part thereof).
18. ACCOUNT TERMINATION
ICG CONNECT MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR
DELETE THE SERVICES OR ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR
WITHOUT NOTICE.
ICG CONNECT may at its option issue warnings and temporary
suspensions and permanent terminations of Accounts for user violations. We
retain the sole discretion as to when and how to impose warnings, penalties
and/or disciplinary actions. We consider the severity of the violation and the
number of infractions in making our determination; however, any determination
shall be under the absolute discretion of ICG CONNECT. Notwithstanding the
foregoing, ICG CONNECT always retains the right to terminate or suspend your
account at any time for any reason, or for no reason, with or without any warnings
and with or without notice.
For the avoidance of doubt, you hereby acknowledge that ICG
CONNECT has sole discretion with respect to termination of your Account, even
if there are credits remaining on your Account. If you feel you or your Account
has been unfairly warned or disciplined please contact us with a full detailed
explanation.
You have the right to terminate or cancel your Account at any time
by delivering notice to ICG CONNECT. You understand and agree that the
cancellation of your User Id is your sole right and remedy with respect to any
dispute, including, but not limited to, any related to, or arising out of: (i)
any term of this Agreement or ICG CONNECT’s enforcement or application of this
Agreement; (ii) the User Contents; (iii) your ability to access and/or use the
Service or the Website; or (iv) the amount or type of fees, surcharges,
applicable taxes, billing methods, or any change to the fees, applicable taxes,
surcharges or billing methods.
You may cancel your Account by delivering notice to ICG CONNECT. ICG
CONNECT reserves the right to collect accrued fees and charges and costs
incurred by ICG CONNECT before your cancellation. In addition, you are
responsible for any fees, charges and costs incurred to third-party vendors or
content providers before your cancellation. In the event your Account is
terminated or canceled for any reason, or for no reason, no refund will be
granted, no online time or other credits will be credited to you or converted
to cash or other form of reimbursement, and you will have no further access to
your Account. Any delinquent or unpaid accounts or accounts with unresolved
disputes must be settled before ICG CONNECT may allow you to register again.
19. INDEMNIFICATION
You agree to defend, indemnify and hold harmless ICG CONNECT, its
independent contractors, service providers and consultants, and their
respective directors, employees, agents, attorneys, partners, affiliates, and
subsidiaries, from and against any claims, damages, costs, liabilities and
expenses (including, but not limited to, reasonable attorneys' fees) arising
out of or related to any User Content you post, store or otherwise transmit on
or through the Website, your conduct, your violations of these Terms, any
misuse of the Services, or your violation of the rights of any third party.
20. ACKNOWLEDGEMENTS
You hereby acknowledge and agree that:
(a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR
COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED
THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN “UNAUTHORIZED
THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY
SOFTWARE, INCLUDING WITHOUT LIMITATION ANY “ADD-ON” OR “MOD,” THAT IN ICG
CONNECT’S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE;
(ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR
EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY ICG CONNECT; OR (iii) INTERCEPTS,
“MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE
EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY
COMMUNICATE INFORMATION BACK TO ICG CONNECT, INCLUDING WITHOUT LIMITATION YOUR
ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND
THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND
ICG CONNECT MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE
AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
(b) ICG CONNECT MAY MONITOR OR RECORD YOUR CHAT SESSIONS AND OTHER
ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE WEBSITE AND/OR THE
SERVICES AND YOU CONSENT TO SUCH MONITORING OR RECORDING.
(c) You may not hold ICG CONNECT responsible for any loss
resulting from your use of the Services and/or the Website. You may not hold ICG
CONNECT responsible for any information that is passed between users. ICG
CONNECT does not guarantee the safe keeping of information that is passed
between users and will not be held responsible for any resulting losses or
consequences arising from the improper use of said information.
21. EVENT TICKET REFUND
INFORMATION
ICG CONNECT does not sell tickets, admission coupons or similar as
to events advertised on the Website and/or through the Website by its users or
by third parties, including but not limited to through hyperlinks, and is not
responsible, under any circumstances, for any refund, reimbursements, damages
of any kind arising out of activities of its users and/or third parties that
are related, directly or indirectly, to the sale of tickets, admission coupons
or similar If You purchase any type of
tickets, admission coupons or similar you do so at your own risk and acknowledge
that ICG CONNECT, its directors, member, affiliates, subsidiaries, employees, agents,
and attorneys have no liability whatsoever to you or any other person and/or
entity.
22. SPECIAL ADMONITIONS
FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content. Use of
the ICG CONNECT Services and transfer, posting and uploading of software,
technology, and other technical data via the ICG CONNECT Services may be
subject to the export and import laws of the United States and other countries.
You agree to comply with all applicable export and import laws and regulations.
In particular, you: (a) represent that you are not a party identified on any
government export exclusion list, including but not limited to the U.S. Denied
Persons, Entity, and Specially Designated Nationals Lists, nor will you
transfer software, technology, and other technical data via the ICG CONNECT
Services to parties identified on such lists; (b) agree not to use the ICG
CONNECT Services for military, nuclear, missile, chemical or biological
weaponry end uses in violation of U.S. export laws; (c) agree not to transfer,
upload, or post via the ICG CONNECT Services any software, technology or other
technical data in violation of U.S. or other applicable export or import laws.
23. NO RESALE OF
SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell
or exploit for any commercial purposes, any portion or use of, or access to,
the ICG CONNECT Services (including Content, advertisements, Software and your
ICG CONNECT ID)
24. CONTRIBUTIONS TO
ICG CONNECT
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to ICG CONNECT through its suggestion or feedback
webpages or email addresses , you acknowledge and agree that: (a) your
Contributions do not contain confidential or proprietary information; (b) ICG
CONNECT is not under any obligation of confidentiality, express or implied,
with respect to the Contributions; (c) ICG CONNECT shall be entitled to use or
disclose (or choose not to use or disclose) such Contributions for any purpose,
in any way, in any media worldwide; (d) ICG CONNECT may have something similar
to the Contributions already under consideration or in development; (e) your
Contributions automatically become the property of ICG CONNECT without any
obligation of ICG CONNECT to you; and (f) you are not entitled to any
compensation or reimbursement of any kind from ICG CONNECT under any
circumstances.
25. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. ICG CONNECT EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b. ICG CONNECT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE ICG CONNECT SERVICES OR SOFTWARE
IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO
ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY
DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ICG CONNECT OR
THROUGH OR FROM THE ICG CONNECT SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
e. ICG CONNECT AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS AND
LICENSORS MAKE NO WARRANTY THAT (i) THE ICG CONNECT SERVICES OR SOFTWARE WILL
MEET YOUR REQUIREMENTS; (ii) THE ICG CONNECT SERVICES OR SOFTWARE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE ICG CONNECT SERVICES OR SOFTWARE WILL BE ACCURATE
OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ICG CONNECT SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
f. A SMALL PERCENTAGE OF
USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS
OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE ICG CONNECT SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN
USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN
YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING
THE ICG CONNECT SERVICE. IMMEDIATELY DISCONTINUE USE OF THE ICG CONNECT
SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE ICG CONNECT SERVICE: DIZZINESS, ALTERED VISION, EYE OR
MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
g. WHILE ICG CONNECT
ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, ICG CONNECT CANNOT
AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED, INCLUDING, BUT NOT LIMITED TO,
THROUGH THE USE OF THE WEBSITE AND/OR HYPERLINKS IS ACCESSED AT YOUR OWN
DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER
DAMAGES, OF ANY KIND, TO ANYONE, INCLUDING YOU AND/OR ANY THIRD PARTIES
BY USING THE WEBSITE AND ITS SERVICES YOU EXPRESSLY ACKNOWLEDGE
THAT ICG CONNECT IS NOT RESPONSIBLE FOR ANY DAMAGES, OF ANY KIND, SUFFERED BY
YOU AND/OR THIRD PARTIES AS A RESULT OF STOLEN, INTERCEPTED, LOST OR OTHERWISE
OBTAINED PASSWORDS AND OTHER PERSONAL INFORMATION. IN ADDITION, BY USING THE WEBSITE AND ITS
SERVICES YOU ACKNOWLEDGE THAT ICG CONNECT IS IN NO WAY RESPONSIBLE OR LIABLE,
TO YOU AND/OR THIRD PARTIES, FOR THE CONTENT OF COMMENTS, FEEDBACK, STAR
RATINGS AND SIMILAR FEATURES THAT MAY BE MADE AVAILABLE THROUGH THE WEBSITE AND
THAT IN NO EVENT SHALL ICG CONNECT, ITS DIRECTORS, MEMBERS, AFFILIATES,
SUBSIDIARIES, EMPLOYEES, AGENTS, ATTORNEYS BE LIABLE TO YOU AND/OR THIRD
PARTIES FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY
OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, PUNITIVE
DAMAGES, TREBLE DAMAGES, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE
RESULTING FROM COMMENTS, FEEDBACK, STAR RATINGS AND SIMILAR FEATURES THAT MAY
BE MADE AVAILABLE THROUGH THE WEBSITE.
h. REFERENCE TO ANY
PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK,
MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT,
SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY ICG
CONNECT.
26. LIMITATION OF
LIABILITY
IN NO EVENT SHALL ICG CONNECT, ITS DIRECTORS, MEMBERS, AFFILIATES,
SUBSIDIARIES, EMPLOYEES, AGENTS, ATTORNEYS BE LIABLE TO YOU AND/OR THIRD
PARTIES FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY
OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, PUNITIVE
DAMAGES, TREBLE DAMAGES, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE
WEBSITE, THE SERVICES, OR ANY OF THE CONTENT OR THE MATERIALS CONTAINED IN OR
ACCESSED THROUGH THE WEBSITE, THE SERVICE AND HYPERLINKS, INCLUDING WITHOUT
LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY
INFORMATION OBTAINED FROM ICG CONNECT, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO ICG CONNECT'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ICG CONNECT, ITS
DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, ATTORNEYS,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY,
ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, THE
WEBSITE OR ANY OF ITS FEATURES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ICG
CONNECT FOR ACCESS TO OR USE THEREOF.
27. EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES.
ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TERMS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF ICG CONNECT, ITS
DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, ATTORNEYS ARE
FOUND TO BE LIABLE, SUCH LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO
THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.
28. RELEASE
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND
OUR OFFICERS, DIRECTORS, AGENTS, ATTORNEYS, SUBSIDIARIES, JOINT VENTURES AND
EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."
29. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service. Our mailing
address is ICG CONNECT, a Division of Infinity Coaching Group, LLC, P.O. Box
4094, Redondo Beach, Ca 90278.
30. TRADEMARK
INFORMATION
The trademarks, trade names, trade dress, logos, and service marks
(collectively, the "Trademarks") displayed on this Site are the
registered and/or unregistered Trademarks of ICG CONNECT, or such third party
that may own the displayed Trademarks.
Nothing contained on this Site or in the Terms serves to grant to you,
by implication or otherwise, any license or right to use any Trademarks
displayed on this Site without the written permission of ICG CONNECT or such
third party that may own the displayed Trademarks.
31. SITE CONTENT AND
COPYRIGHT
The text, Trademarks, logos, images, graphics, photos, video
files, application functionality, or any other digital media, and their
arrangement on this Site (“Content”) are all subject to patent, copyright,
trademark and other intellectual property protection. Content may not be copied
for commercial use or distribution, nor may Content be modified, processed, or
reposted to other websites. Access to and use of this Site are solely for your
purchase of ICG CONNECT products or Services for personal use, information,
education, entertainment, and communication with ICG CONNECT. You may download,
copy or print the Content of this Site for your personal non-commercial use
only. No right, title or interest in any of the Content of this Site is
transferred to you as a result of any downloading, copying, printing or use of
this Site.
32. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
ICG CONNECT respects the intellectual property of others, and we
ask our users to do the same. ICG CONNECT may, in appropriate circumstances and
at its discretion, disable and/or terminate the accounts of users who may be
repeat infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide ICG CONNECT's Copyright Agent the
following information:
a. an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
b. a description of
the copyrighted work or other intellectual property that you claim has been
infringed;
c. a description of
where the material that you claim is infringing is located on the site;
d. your address,
telephone number, and email address;
e. a statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
f. a statement by
you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's behalf.
ICG CONNECT's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
ICG CONNECT, a Division of Infinity Coaching Group, LLC, PO Box 1503 New Brunswick, NJ 08903
Telephone: 888-809-8907
33. NO THIRD-PARTY
BENEFICIARIES
You agree that, except as otherwise expressly provided, there
shall be no third-party beneficiaries to this agreement.
34. GENERAL INFORMATION
A. Entire Agreement. The Terms constitute the entire agreement
between you and ICG CONNECT and governs your use of the Service, superseding
any prior agreements between you and ICG CONNECT. You also may be subject to
additional terms and conditions that may apply when you use affiliate services,
third-party Information or third-party software.
B. Choice of Law. The Terms and the provision of Service to you
are governed by the laws of the state of California, U.S.A as such laws are
applied to agreements entered into and to be performed entirely within
California by California residents.
C. Arbitration. Any controversy or claim arising out of or
relating to the TOS or the provision of Service shall be finally settled by
binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Los Angeles, California, and judgment on the arbitration
award may be entered in any court having jurisdiction thereof. However, you and
ICG CONNECT agree to submit to the personal jurisdiction of the courts located
within the city and county of Los Angeles, California for all purposes in
connection with any action or proceeding which were to arise out of or relates
to this Agreement and agree that any court action or court proceeding
instituted under this Agreement shall be brought only in the federal or state
courts of Los Angeles County, State of California. Either you or ICG CONNECT may seek any
interim or preliminary relief from a court of competent jurisdiction in Los
Angeles, California necessary to protect the rights or property of you or ICG
CONNECT (or its agents, suppliers, and subcontractors) pending the completion
of arbitration.
D. Invalid Provisions. The failure of ICG CONNECT to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by an arbitrator or
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the arbitrator or court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.
E. Time to File Claim. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
F. Titles. The section titles in the TOS are for convenience only
and have no legal or contractual effect.
35. VIOLATIONS
Please report any violations of the TOS to abuse@ICGConnect.com