Terms of Service

The gist:

We (the folks at ICS Company) run an online store here at icscompany.net, and would love for you to become a customer. If you find anything on our website that you believe violates these Terms of Service, please contact us.

This Terms of Service was originally created via an open sourced license from WordPress.com.

Terms of Service:

The following terms and conditions (“Terms”) govern all use of this website and all content, services, and products available at or through the website, including, but not limited to our store, any accounts you create, and our commenting and review forms. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ICS Company’s Privacy Policy) and procedures that may be published from time to time by ICS Company (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. Your agreement is with ICS Company.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by ICS Company, acceptance is expressly limited to these Terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

While not required, making a purchase via our site allows you to create an account for later ease of use, to track orders, and more. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Comments & Reviews

Your ICSCompany.net Account. If you create an account on our site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify ICS Company of any unauthorized uses of your account, or any other breaches of security. ICS Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you comment or leave a review on icscompany.net or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using our site, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to ICS Company for inclusion on your website, you grant ICS Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your comments or reviews. This license allows ICS Company to make publicly-posted content available to third parties selected by ICS Company so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, ICS Company will use reasonable efforts to remove it from icscompany.net, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, ICS Company has the right (though not the obligation) to, in ICS Company’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in ICS Company’s reasonable opinion, violates any ICS Company policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of icscompany.net to any individual or entity for any reason. ICS Company will have no obligation to provide a refund of any amounts previously paid.

Usage of Information.

WooCommerce Services (the software used to power the store aspects of this site) and WordPress (the software used to manage content on this website) may require ICS Company’s servers, a connection to our partners, and/or data from the site, to work.

Prohibited Uses. You may not use our website for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to our website if we determine (in our sole discretion) that your use is in any way harmful or objectionable.

Shipping Services.

Your information can and will be shared with shipping services in the event you make a purchase from our site.

2. Copyright Infringement and DMCA Policy.

As ICS Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by our site violates your copyright, you are encouraged to notify ICS Company in accordance with the Digital Millennium Copyright Act (“DMCA”) Policy. ICS Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ICS Company will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ICS Company or others. In the case of such termination, ICS Company will have no obligation to provide a refund of any amounts previously paid to ICS Company.

3. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered, and will not necessarily contact you with a notification of these updates. It is your responsibility to review these Terms as necessary upon each purchase or use of the site. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

4. Termination.

ICS Company may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your icscompany.net account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5. Disclaimer of Warranties.

Our Services are provided “as is” unless otherwise noted. This does not apply to product warranties, guarantees or other product-specific (as opposed to our Service) agreements that our vendors and suppliers provide. Neither ICS Company nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

6. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Allegheny County, Pennsylvania.

7. Arbitration Agreement.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Allegheny County, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

8. Limitation of Liability.

In no event will ICS Company, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ICS Company under this Agreement during the twelve (12) month period prior to the cause of action. ICS Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

9. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the ICS Company Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

10. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and ICS Company reserves the right to terminate accounts or access of those in the event of a breach of this condition.

11. Indemnification.

You agree to indemnify and hold harmless ICS Company, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

12. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

13. Miscellaneous.

This Agreement constitutes the entire agreement between ICS Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ICS Company, or by the posting by ICS Company of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ICS Company may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.