Use of the IconXusa Website
“Company” means IconX LLC (“IconX”)
“Site” means (i) this web site; (ii) the web site of IconX subsidiaries or their subsidiaries
This Site is owned and operated by the Company. All Site design, text, graphics, Materials (defined in 2. below) and the selection and arrangement thereof, are the property of the Company.
You understand and agree that any permitted use of the Materials and the Site is at your own discretion and risk. You will be solely responsible for any damage to your network, software or computer system, and for any loss of data that could result from the use of the Site or the Materials.
1. Use of the Site
Use of this Site is available only to those users who are in compliance and agreement with these terms and conditions of use as well as the other terms and conditions referenced elsewhere on this Site.
2. License and Site Access
Subject to these terms and conditions and all applicable laws and regulations, the Company grants you a non-exclusive, non-transferable, personal, limited license to download, access, view, use and display this Site and the text, graphics, content, information, photographs, audio, video and other products and services (“Materials”) which the Company makes available to you from time to time on the terms and conditions set forth in this Agreement. This authorization is not a transfer of title to the Site or the Materials contained herein, or any part, and any downloading, modification, reproduction, copying or redistribution for commercial purposes of any information or Materials or design elements of the Site is strictly prohibited without the prior written consent of the Company. Requests for permission to reproduce any information contained on this Site should be addressed to the Company.
Notwithstanding the above, the Company authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains marked with all copyright, trademarks, Site marks, and other proprietary notices and legends contained on the Site.
This license does not include the right to modify this Site, or any portion of it, except with the express written consent of the Company. Any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; any use of data mining, robots, or similar data gathering and extraction rules or any other form of hacking, interference, spamming, sabotage or manipulation is prohibited.
You may not upload, post or otherwise make available on this Site computer viruses, worms, Trojan horses or other elements destructive to the Site or our hardware or software accessible through the Site; digital or manual signatures, passwords, or other elements impersonating our employees or any forged TCP/IP headers or parts of a header in an attempt to gain unauthorized access to our computers, software, data, accounts or databases. In addition, you may not overload, flood, mail bomb or crash the Site.
You agree to all additional restrictions displayed on the Site as it may be updated from time to time. You agree to use this Site for lawful purposes only, and shall not post or transmit any information or material which in any way infringes or violates the rights of others, including, but not limited to, information and material protected by copyright, database right, patent, trademark, trade secret or other proprietary right without the express written permission of the owner of such right(s); or which is unlawful, false or misleading, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable. In addition, you shall not post or transmit any information that includes advertising, promotional material or other forms of solicitation absent the Company’s approval. If you provide any prohibited information, it is agreed that you are solely responsible and liable for any damages or other harm resulting from such submission.
The Company reserves the right, in its sole discretion, to pursue all of its legal remedies, including, but not limited to, prosecution of users in violation of these terms and conditions.
You have no ownership rights in the Site or in the Materials. Rather, you have a license to download, access, view, use and display this Site and the Materials as set out herein as long as this Agreement remains in full force and effect. Unless otherwise noted, ownership of the Site and the Materials and all intellectual property rights therein shall remain at all times with the Company or their respective owners.
4. Your Account and Registered Users
You may be required to register in order to access certain portions of the Site. If certain portions of the Site require you to register, you must complete the registration process by providing the Company with current, complete and accurate information about yourself as prompted by the applicable registration form. If you are required to register in order to access certain portions of the Site, you may be provided with, or you may be prompted to choose, a password and a user name. Registered users are responsible for maintaining the confidentiality of their accounts and passwords.
If you use this Site, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES OR OTHER TERMS MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES AND IN SUCH CIRCUMSTANCES, THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE RELIABILITY OR OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE (INCLUDING ANY BULLETIN BOARD OR CHAT ROOM) OR YOU’RE DOWNLOADING OF ANY MATERIALS FROM THE SITE.
THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE COMPANY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
7. Links to Affiliate or Third-Party Sites
The Company may provide on this Site, solely as a convenience to its users, links to web sites operated by our affiliates or other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Company does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company is affiliated or associated with the linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is affiliated or associated with the Company or is authorized to use any trademark, trade name, logo or copyright symbol of the Company.
8. Third-Party Content
Any information, statements, opinions, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not the Company. Such information and the like may be updated from time to time directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.
9. Deep Linking and Framing
You are prohibited from reproducing or “framing” pages or content provided by the Company or its affiliates. Subject to the provisions of this paragraph numbered 9, you may link to internal pages within this Site, provided that you do not copy or frame the content found therein. In no case does the Company approve links which, by their appearance, content, position or otherwise, create the false impression that the Company sponsors, endorses or is associated with the entity operating any third-party site; i.e., External Site, or the products or services offered by the External Site operator. In no case does the Company approve any links which the Company believes damages or impairs the goodwill associated with the name, logos, trademarks, service marks, copyrights or trade names of the Company or its affiliates. The Company reserves the right to revoke its approval to link or change the terms or conditions of its approval to frame or link at any time in its sole discretion.
Because of the nature of the Company’s business, and its products and services, this Site is not intended for use by minors and the Company does not knowingly attempt to solicit or receive any information from children. These terms and conditions of use require that any registration that may be required to access this Site or portions of this Site, or to purchase or license products or services which may be available, may only be made by those age 18 or older and that any products or services purchased or licensed may only be done by those age 18 or older. By using this Site, you are representing that you are an adult (age 18 years or older) or have the permission of a parent or legal guardian to use this Site.
11. Information Provided by You
The Company does not want you to, and you should not, send any confidential, personal or proprietary information to the Company through this Site unless specifically requested by the Company. Any information provided by you in response to a request by an interactive application or tool on the Site should be limited to the information requested.
Please note that any unsolicited information or material sent to the Company will be deemed not to be confidential or proprietary.
By submitting information, material or comment through or to this Site, you consent to the Company’s use of and grant to the Company (or warrant that the owner of such information, material and comment has expressly consented to the Company’s use of and granted to the Company) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information, material and comment (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed without your approval and to copyright the same without restriction. You also agree that the Company is free to grant the same license to others associated with the company and that the Company may use any ideas, concepts, know-how or techniques that you send to the Company for any purpose.
12. Notice of Copyright Infringement
We respect the intellectual property of others, and we ask our users to do the same. To the extent that you have provided any work and if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide the information to the company.
(a) Identification of the copyrighted work claimed to have been infringed;
(b) Identification of the allegedly infringing material on the Site that is requested to be removed;
(c) Your name, address and daytime telephone number, and an e-mail address if available, so that the Company may contact you if necessary;
(d) A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
(e) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. If the Company is notified of any claims of copyright infringement on the Site, it may investigate the allegation and determine in good faith and at in its sole discretion whether to remove or request the removal of the work or material. The Company has no liability or responsibility to users for performance or nonperformance of such activities.
13. Limitation of Liability
YOU’RE USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
14. Purchase or License of Products or Services
If the purchase or licensing of products or services is available on this Site or any portion of it and you seek to make a purchase or establish a license through this Site or any portion of it, the obligations and responsibilities of the Company regarding its products and services, if any, are governed solely by the terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions may appear on applicable portions of the Site, are available directly from the Company or, as the case may be, directly from the supplier of such license, products or services.
This Agreement and the licenses granted herein will terminate automatically and without notice if you fail to comply with any term or condition of this Agreement; provided, however, that all provisions relating to disclaimers, limitation of liability, copyright, trademarks, and other proprietary and intellectual rights of the Company shall survive the termination of this Agreement.
17. International Users and Export Restrictions
This Site is administered by the Company from its offices within the United States. The Company does not make any representation that all products, services or programs, if any, are available in your country or that materials published at this Site are appropriate or legally available for use at locations outside of the United States. Access to such materials from territories where their contents are illegal is prohibited.
You may not use the Site or transfer, download, or use any information or Materials in violation of U.S. laws and regulations, including those relating to export controls. This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of the Materials or information about the Materials that may be imposed from time to time by the government of the United States.
Any software and underlying information and technology associated with this Site (collectively “Software”) may be subject to U.S. export controls including the International Traffic in Arms Regulations and the Export Administration Regulations, and import or export regulations of other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant that you will not export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including, without limitation, persons or entities listed on the U.S Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked or denied your export privileges.
You shall not export the Materials or information about the Materials without the consent of the Company and any export must be in compliance with all applicable laws, regulations, orders or other restrictions. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws. By your use of this Site, you represent and warrant to the Company that you are in compliance with all laws applicable to your use of this Site.
18. Choice of Law and Forum
These terms and conditions of use and any dispute between you and the Company arising out of or related to this Agreement or your use of this Site or any portion of it (“Disputes”) shall be construed, interpreted and governed by the laws of the state of Kansas, U.S.A. without giving effect to its conflict of law’s provisions. The state and federal courts located in Wyandotte County, Kansas, U.S.A. shall have exclusive jurisdiction and be the exclusive venue for the Disputes and you consent to the personal and exclusive jurisdiction and venue of these courts in connection with the Disputes. You must commence any claim or cause of action that you may have with respect to the Disputes by filing only in these courts within one (1) year after the claim or cause of action arises. The Company may file any claim or cause of action which it has within the time limits established for such claim by the laws of the state of Kansas.
This Site, including all information and Materials contained in it, are copyrighted and protected by worldwide copyright, database right, trademark and other laws and treaty provisions. You agree to comply with all copyright, database right, trademark and other laws worldwide in your use of this Site or any portion of it and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, the Company does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of the Company or of any third party.
20. Trademark and Site Mark Rights
The names of all IconX products belong to the Company or its subsidiaries whether or not appearing in large print, with trade marking symbols or otherwise denoting rights to or ownership of the same.
Third party products names, company names, marks, etc. (“Third Party Marks”), whether or not appearing in large print or with trade marking symbols or otherwise denoting right or ownership of the same, belong to their respective owners.
Company Marks and Third Party Marks are protected under national and international trademark and copyright laws. Users are not permitted to use Company Marks or Third Party Marks without the prior express written consent of the owner of such mark. Inquiries about Company Marks should be addressed to the company.
21. Transfer Restrictions
You may not sublicense, transfer or assign this Agreement or any of the rights or licenses granted under this Agreement. Any attempted transfer in violation of the foregoing is void.
22. Legal Entity Disclaimer
The terms and descriptions contained in this Site are not intended to alter or otherwise affect the independent legal entity status of IconX LLC and its subsidiary corporations or otherwise affect the ownership and reporting relationship of unincorporated operating divisions.
23. Entire Agreement