All uses of any of iConn Inc.’s (“iConn”) websites (collectively, “Website”) are subject to the following terms and conditions of use (these “Terms of Use”). Your use of this Website will indicate your acceptance of these Terms of Use, as amended from time to time, as well as the Privacy Policy, which is hereby incorporated into these Terms of Use. Please do not use this Website if you do not agree to be bound by these Terms of Use. iConn may periodically change the Terms of Use by posting the amended Terms of Use to this Website, so please check them from time to time as your continued use of the Website signifies your acceptance of any changed terms.
ICONN MAKES EVERY REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT OUR COMPANY AND PRODUCTS ON THIS WEBSITE, HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS CURRENT OR THAT THIS WEBSITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE.
TRADEMARK AND COPYRIGHT
Unless otherwise indicated, all materials on this Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are protected as the copyrights, trade dress, trademarks and/or intellectual properties owned by iConn or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. The term “iConn” is a trademark and the iConn logo and all related product and service names, designs and slogans are iConn trademarks. You may not use such marks without iConn’s prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.
THIRD PARTY TRADEMARKS
Third party trademarks referenced are the property of their respective owners.
The use of the word partner does not imply a partnership relationship between iConn and any other company.
NOTICE SPECIFIC TO MATERIALS AVAILABLE ON THIS WEBSITE
iConn hereby grants you a non-exclusive, non-transferable, limited license to use materials (such as brochures, press releases, owner’s manuals) from this Website, provided that the use of the materials is for informational, non-commercial and personal use only and will not be copied or posted on any network computer or broadcast in any media. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Website in any way. Except as expressly authorized by iConn in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Website, (b) access to this Website or (c) use of this Website or of any services or materials available through this Website. You agree to indemnify, defend and hold harmless iConn and all iConn Group companies, and their respective directors, officers, shareholders, agents, members, insureds, attorneys, successors, assigns and employees (collectively, the “Indemnified Parties”) for any and all unauthorized uses you may make of any material on this Website. You acknowledge the unauthorized use of the contents could cause irreparable harm to iConn and that in the event of unauthorized use, iConn shall be entitled to an injunction in addition to any other remedies available at law or in equity.
LINKS TO THIRD PARTY WEBSITES
Some links on this Website will allow you to connect with websites that are not under iConn’s control. iConn is providing these links only as a convenience. The appearance of a link does not imply iConn’s endorsement, nor is iConn responsible for the contents of any linked website products or services of any third-party websites and does not make any representations regarding their quality, content or accuracy. Access them at your own risk. By using this Website, you expressly relieve iConn from any and all liability arising from your use of any third-party websites.
DEALINGS WITH THIRD PARTIES
If you choose to correspond, participate in a promotion or engage in transactions with any merchant or other third party found on or through this Website, you acknowledge and agree that iConn is not a party to, and will not be responsible for, your interaction with such merchant or other third party, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant or other third party. The terms of your interaction with any merchant or other third party are solely between you and such merchant or other third party. You agree that iConn will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants or other third parties on or through this Website. By using this Website, you expressly relieve iConn from any and all liability arising from any transactions with any merchant or other third party found on or through this Website.
LIABILITY OF ICONN AND ITS LICENSORS
ICONN AND ITS LICENSORS DO NOT ASSUME ANY LIABILITY FOR THE MATERIALS, INFORMATION AND OPINIONS PROVIDED ON, OR AVAILABLE THROUGH, THIS WEBSITE (THE “SITE CONTENT”). RELIANCE ON THE SITE CONTENT IS SOLELY AT YOUR OWN RISK. ICONN DISCLAIMS ANY LIABILITY FOR INJURY OR DAMAGES RESULTING FROM THE USE OF ANY SITE CONTENT.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
iConn’s use of your personal information and your responsibilities in connection with protecting your privacy are described in our Privacy Policy and is incorporated by reference into these Terms of Use.
DISCLAIMER
This Website and Site Content are provided on an “as is”, “as available” basis without warranties of any kind, express or implied including but not limited to those of merchantability, fitness for a particular purpose or non-infringement or any warranty arising from a course of dealing, usage or trade practice. iConn makes no warranty or representation with respect to the quality, accuracy or availability of the iConn Website. Specifically, iConn does not warrant or represent that the iConn Website, the Site Content or the services provided on or through this Website will be accurate, reliable, error-free or uninterrupted; that defects will be corrected; that the iConn Website or the server that makes it available are free of viruses or other harmful components; or that the iConn Website will otherwise meet your needs or expectations.
DISCLAIMER OF LIABILITY
By using the Website, you assume all responsibility and risk for the use of this Website and the Internet generally. Under no circumstances including negligence shall iConn or anyone involved in creating or maintaining this Website be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES or LOST PROFITS that result from the use or inability to use the Website, the Site Content, any services provided through this Website and/or any other websites which are linked to this Website. Nor shall iConn or anyone involved in creating or maintaining this Website be liable for any such damages including, but not limited to reliance by a member or visitor or any information obtained via the Website; or that results from mistakes, omissions, interruptions, deletion or files, viruses, errors, defects or any failure of performance, communications failure, theft, destruction or unauthorized access whether or not iConn has been advised of the possibility of any such damages.
SUBMISSIONS
All submissions sent by you will become iConn’s property and will be used at iConn’s sole discretion. All submissions are non-confidential for all purposes. iConn reserves the right to remove or refuse to post any submission for any reason. By submitting material, you specifically give iConn a non-exclusive, royalty free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You are prohibited from transmitting any “sensitive” personally identifiable information over the Website, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters. You are also prohibited from:
(i) using the Website to send or post harassing, abusive, or threatening messages;
(ii) transmitting through the Website any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens iConn’s relationships with its partners, customers or suppliers;
(iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information;
(iv) disrupting the normal flow of the Website, including any dialogue on the Website or otherwise act in a manner that negatively affects other participants;
(v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
(vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website;
(vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism;
(viii) using the Website in such a way that damages the image or rights of iConn, other users or third parties; and
(ix) using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Site Content in whole or in part.
By submitting any material through this Website, you agree to the terms of the following License and Release, and the Terms of Use of iConn’s Website.
LICENSE AND RELEASE
For good and valuable consideration herein acknowledged as received, I hereby grant to iConn, its legal representatives and assigns, those for whom iConn is acting, and those acting with its authority and permission, a royalty free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, copyright, distribute and display any and all written content and related materials including my name and photographic images that I submit to iConn (collectively, “Submissions”), in whole or in part, without restriction as to changes, alterations, in conjunction with my own or a fictitious name, on iConn’s website or in any media form throughout the world for iConn’s commercial or non-commercial purposes.
I further acknowledge that the received consideration is payment in full regardless of any continuous publishing of my Submissions in any media form. I shall have no claim to additional compensation and no claim (including without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any use, alteration or use in composite form of my name or photographic images, in the finished materials produced hereunder.
I hereby release, discharge and agree to indemnify and hold the Indemnified Parties, any and all persons acting under their permission or authority, or those for whom any Indemnified Party is acting, from any liability relating to any use by an Indemnified Party of any Submissions, including, but not limited to, by virtue of any alteration or use in composite form, whether intentional or otherwise, that may occur in any publication in any medium regardless of its effect or perceived effect upon me.
I represent that I am over 21 years of age. I also represent that I have the right to enter into this agreement and have no conflicting commitments or obligations that would interfere with rights herein granted. I have not authorized, nor will I authorize or permit the use of my name or photographic image in connection with the advertising or promotion of any product or service that is competitive to or incompatible with those of iConn.
COMPLIANCE
The owner of this Website is based in the State of California, USA. iConn makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.
CONTACT
Please contact us at [email protected] if you become aware of any content that may infringe the copyright or other intellectual property rights of a third party or that you believe to be in violation of these Terms of Use.
E-COMMERCE TERMS OF USE
If you visit or shop at the iConn web store, you accept the “Terms of Use” and the “Privacy Policy” of the iConn Website, and conditions listed here, and any applicable additions, in addition to any other law or regulation that applies to the purchase of retail through the Internet, and/or the World Wide Web. Please read the “Terms of Use” and “Privacy Policy” carefully. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS, PLEASE EXIT THIS WEB STORE AND DO NOT COMPLETE YOUR ORDER.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must notify iConn immediately of any breach of security or unauthorized use of your account. Although iConn will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of iConn or others due to such unauthorized use. iConn reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user’s access to its Website, at any time in its sole discretion, with or without cause and without notice to you. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. iConn does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use IConn.com only with involvement of a parent or guardian. iConn reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
GOVERNING LAW
These Terms of Use and Privacy Policy are governed by and will be construed in accordance with the laws of the State of California, USA, without regard to its conflicts of law principles. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE OR THESE TERMS OF USE NOT SUBJECT TO THE ARBITRATION PROVISION SET FORTH HEREIN WILL BE INSTITUTED ONLY IN A LOCAL, STATE , OR FEDERAL COURT LOCATED IN ORANGE COUNTY, CALIFORNIA, USA. YOU AND ICONN AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
BINDING ARBITRATION
You and iConn agree that any controversy or claim arising out of or relating to the Website, use of the Website, this Agreement and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by both iConn and you, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling 800-352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against iConn, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If iConn initiates arbitration against you, iConn will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor iConn shall be entitled to arbitrate their dispute. You or iConn may seek injunctive relief in a Court of competent jurisdiction. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
MISCELLANEOUS
These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and iConn with respect to the iConn Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. The Privacy Policy may also be amended from time to time. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE ICONN WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.
iConn’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and iConn nor any trade practices shall be deemed to modify these Terms of Use.
THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE
