Terms and Conditions - The ICE Registry.org

The ICE Registry.org

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Terms and Conditions

The ICE Registry.org
Terms and Conditions Policy (currently under review and amendment)

Updated 27th February, 2013

Table of Contents

1:               Terms
2:               Acceptance of Terms and Conditions
3:               License Restrictions and Limitations
4:               Limited Use License
5:               Conditional Use of Our Website and Services
6:               Availability of the Website
7:               Ownership of the Website
8:               Transmission of Information
9:               Your Conduct on our Website
10: Creating an Account on our Website
11: Terms of Sale
12: Description of the Service
13: Accounts
14: Your Information
15: Service Requirements; Third Party Websites
16: Process to Initiate a Purchase or Donation
17: Overdraft
18: Delivery/Processing of Financial Transactions
19: Tax Treatment of Donations
20: Electronic Signatures and Contracts
21: Rules of Conduct
22: Public Nature of Communications
23: Organization and Member Created Content
24: Non-Confidentiality, Security and Privacy
25: Rules Regarding Information and other Content
26: General Rules of User Conduct
27: Links to Third Party Websites
28: Deals
29: How It Works
30: The Voucher
31: Expiration Dates
32: Deal Specific Terms
33: Global Terms
34: Merchant Responsibility
35: Promotions of the Deal Program
36: Products Available for Sale
37: Refunds
38: Chargeback’s
39: Product Fit For Purpose and Product Warranties
40: Best Efforts on Selling
41: Playing Nicely
42: Indemnity
43: Reservation of Rights and Release
44: Intellectual Property
45: Electronic Communications
46: Entire Agreement, Changes to this Agreement and Waivers
47: General Terms
48: Modification of this Agreement
49: Copyright, Patents and Trademarks
50: Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
51: Disclaimer of Warranty
52: Limitation of Liability, Indemnity
53: Arbitration
54: End User Communications
55: Websites of Others
56: Public Nature of Your Statements
57: License Grant
58: Indemnification
59: Termination
60: Governing Law; Dispute Resolution
61: Equitable Remedies
62: Additional Disclosures
63: Miscellaneous

1: Terms

Welcome to The ICE Registry.org website. In order to use our website, you must agree to our Terms and Conditions. The Terms and conditions are our “rules of the road”. They are important and contain many legal disclosures that you should read carefully, including terms of sale that apply when you buy something through the website and other terms that specify permissible uses of the website.

Why all the rules? Bottom line: because we value your trust and loyalty and need a consistent set of rules to fairly, consistently and respectfully ensure that the website is only used properly. If you have any questions about these Terms of Use email us at support@TheICERegistry.org

We reserve the right at any time, without notice, to: change the terms and conditions of this Agreement and our Privacy Policy, change the Website www.TheICERegistry.org or the Service, or any feature or component thereof; or deny you access to the Service or the Website.

Any changes we make to this Agreement will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the service or website. We indicate at the top of the page when this Agreement was last updated. Your continued use of the website or service will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

2: Acceptance of Terms of Use

The ICE Registry.org, Inc. (“The ICE Registry.org” or “us” or “our”) operates this website, www.TheICERegistry.org , the mobile and touch versions and any individual Websites or Merchant-specific, city-specific, or other area-specific Websites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Website (the “Micro-sites”) will be collectively referred to as the "Website" in these Terms and Conditions. By using our Website and The ICE Registry.org's services through the Website, you (“you” or “End User”) agree to these Terms and Conditions, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms and Conditions" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE WEBSITE AND DO NOT USE ANY THE ICE REGISTRY.ORG SERVICE OFFERED THROUGH THE WEBSITE.

3: License Restrictions and Limitations

The limited, personal use license granted below is subject to the following restrictions and limitations as well as all other terms and conditions of this Agreement. You agree that you will not, under any circumstances: sell, sublicense, assign, rent, lease or sell your Account or password or otherwise authorize third persons to access your Account or use your password; modify, translate or create derivative works based on, or utilizing, the Service or Website, or any portion thereof; remove or tamper with any copyright or other proprietary notices contained in or relating to the Service or Website, or any portion thereof; exploit the Service, the Website, or any portion thereof, for any commercial purpose; use any unauthorized third-party software that intercepts, mines, or otherwise collects information from, within or through the Service or Website; modify, or allow or cause to be modified, any files that are a part of the Service or Website in any way not expressly authorized by The ICE Registry.org in writing in each instance; create any other software or content that incorporates the Service or Website, or any portion thereof; violate any applicable law, rule or regulation in connection with your use of, or access to, the Service or Website; or disrupt or assist in the disruption of any computer or network used to host, maintain, support or provide the Service or Website.

4: Limited Use License

Upon your establishment of an Account with The ICE Registry.org, The ICE Registry.org grants you a non-exclusive, revocable, nontransferable license to use the Service solely to respond to or post solicitations from organizations, others, re-tweet solicitations, and or to cause The ICE Registry.org to initiate payments to organizations from the bank account or credit/debit card, that you list in your Account registration (Payment Account). You may not use the Website or Service for any other purpose.

5: Conditional Use of Our Website and Services

Permitted Uses: The Website provides an interactive online service operated by The ICE Registry.org, consisting data collection, alert services, postings, promotion and marketing services sometimes on behalf of certain Merchants (“Merchants”) making Vouchers for Merchant goods and services (“Vouchers”) available to its users. Vouchers may be purchased from The ICE Registry.org and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. Your permission to use The ICE Registry.org is conditioned upon your agreement that you:

are an individual person at least 18 years of age or older to purchase any Deal;

you possess the authority to create a binding legal obligation;

will comply with these Terms of Service;

your use of this Website will at all times comply with the terms of this Agreement;

you may create only one account for your personal use;

you may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;

you may only make purchases on the Website for your own use and enjoyment, or, when offered, as a gift for another;

you must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.

you have the right to provide any and all information you submit to the Website, the information is only about yourself, and all such information is accurate, true, current and complete.

will not copy or distribute any part of The ICE Registry.org in any medium without The ICE Registry.org's prior written authorization;

will provide accurate information when creating an account or registering for our Services;

are solely responsible for your User ID and the activity that occurs while signed in to or while using The ICE Registry.org using your User ID;

will not use The ICE Registry.org to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;

will not use the communication systems provided by or contacts made on The ICE Registry.org for any commercial solicitation purposes;

are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;

represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize The ICE Registry.org to use any and all Content submitted by you to The ICE Registry.org in accordance with the licenses granted in this Agreement;

hereby grant each The ICE Registry.org user, whether using The ICE Registry.org or an application authorized by The ICE Registry.org but developed via a third-party developer, a non-exclusive license to access the Content you submit through The ICE Registry.org and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through The ICE Registry.org's functionality and under these Terms of Service;

will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to The ICE Registry.org;

and hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

6: Availability of the Website

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Website accessible, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Website access may be interrupted, suspended or terminated. The ICE Registry.org retains the right at our sole discretion to deny service, or access to the Website to anyone or an account, at any time and for any reason.

7: Ownership of the Website

The content and information on this Website as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Website.

8: Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Website or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with The ICE Registry.org and the Website while it is being transmitted. In addition, The ICE Registry.org is not responsible for any data lost during transmission.

9: Your Conduct on our Website

Our Website is private property. All interactions on this Website must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Website, we may limit your privileges on the Website and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Website and constitute express violations of this Agreement:

Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your The ICE Registry.org account or in order to create multiple The ICE Registry.org accounts;

Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;

Attempting to scan, or test the security or configuration of the Website or to breach security or authentication measures without proper authorization;

Tampering or interfering with the proper functioning of any part, page or area of the Website and any and all functions and services provided by The ICE Registry.org;

Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Website, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Website;

Using the Website or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with The ICE Registry.org;

Reselling or repurposing your access to the Website or any purchases made through the Website;

Using the Website or any of its resources to solicit Website End Users, Merchants or other business partners of The ICE Registry.org to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with The ICE Registry.org, including without limitation, aggregating current or previously offered Deals;

Using any End User or Merchant information from the Website for any commercial purpose, including, but not limited to, marketing;

Exceeding or attempting to exceed quantity limits when purchasing Vouchers or otherwise using any The ICE Registry.org account to purchase Vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Website;

Accessing, monitoring or copying any content or information from this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

Violating the restrictions in any robot exclusion headers on this Website or bypassing or circumventing other measures employed to prevent or limit access to this Website;

Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);

Aggregating any live or post-feature content or other information from the Website (whether using links or other technical means or physical records associated with purchases made through this Website) with material from other Websites or on a secondary Website without our express written permission.

Deep-linking to any portion of this Website (including, without limitation, the purchase path for any Voucher) without our express written permission;

Acting illegally or maliciously against the business interests or reputation of The ICE Registry.org, our Merchants or our services; or

Hyper-linking to the Website from any other website without our initial and ongoing consent.

10: Creating an Account on our Website

If you create an account on our Website, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person other than as prescribed by The ICE Registry.org. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed Vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Website or in connection with your The ICE Registry.org account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Website.

12: Description of the Service

The Service is The ICE Registry.org's proprietary alert system, posting and informational system for individuals, couples, families, charities, organizations, including, but not limited to, commercial, gaming, non-profits, political organizations and other fundraising organizations (each, an organization and collectively, organizations), whereby Organizations can solicit, and The ICE Registry.org (acting through its third party processors) will process, financial transactions of Members (as defined below) over social networks, including, but not limited to, Twitter and/or Face book or email.

13. Guarantees

The ICE Registry.org makes NO guarantee as to the level of service it or any of its partners make under any circumstances whatsoever. Any offers of product and or service are made on a best efforts basis only and are not to be relied upon. Under NO circumstances is The ICE Registry liable for any bodily, mental, physical anguish, pain or injury because of any interpretation made upon this website and that of any of our partners website, and or The ICE Registry and or its partners services and or products.

14. Insurance

The services and products offered by The ICE Registry.org are NOT insurance policies or insurance products of any kind and should not be viewed, considered or relied upon as such under any circumstances.

13: Accounts

In order to be a registered user of the Service, you must establish an Account by completing The ICE Registry.org's online registration process. You only need to set up one Account in order to use the Service and you can make purchases from or donate to multiple Organizations from the same Account. By accepting this Agreement and completing the Account registration process, you represent that you are an adult 18 years of age or older. To create an Account, you must link your Twitter account to your The ICE Registry.org account. You must provide truthful and accurate information in creating your Account. You authorize The ICE Registry.org, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include verifying your information through third party databases. You are solely responsible for maintaining the confidentiality and security of your login name, password and Account and you are liable for all activities conducted through your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You agree to immediately notify The ICE Registry.org of any unauthorized use of your Account or any other breach of security of which you are aware. The ICE Registry.org shall not be responsible for any damages, losses or expenses arising out of the unauthorized use of your Account. Those persons who have completed the required steps to establish and maintain Accounts in good standing are sometimes referred to in this Agreement as Members.

14: Your Information

The personal information that you submit to The ICE Registry.org or that The ICE Registry.org collects in connection with your use of the Website or the Service is subject to The ICE Registry.org's Privacy Policy at www.TheICERegistry.org/privacypolicy which is expressly made part of this Agreement. If you have not already read The ICE Registry.org's Privacy Policy, you should do so now. If you establish an Account or access the Website or the Service, (a) you agree to provide accurate, current and complete information required to register with the Service and establish an Account, and at other points as may be required in the course of using the Service and (b) you agree that The ICE Registry.org may, whether itself or through third party providers, store and use the data you provide in connection with the Service, including without limitation, for use in maintaining your Account, all as more fully provided in the Privacy Policy.

15: Service Requirements; Third Party Websites

Use of the Website and Service requires Internet and/or mobile phone access and a Twitter account and you are responsible for all fees associated with your Internet and mobile phone connection. Your use of the Service can also be subject to Twitter's Terms of Service located at www.twitter.com/tos and the terms of any of our third party processing providers, including, without limitation the Terms and Conditions our Online Payment Service. The Website and Service may include hypertext links to websites operated by parties other than The ICE Registry.org. Those websites may collect data or solicit personal information from you. The ICE Registry.org does not control such websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those websites may collect.

16: Process to Initiate a Purchase or Donation

If you tweet or re-tweet a purchase or a donation offer from an Organization, you are requesting an electronic transfer from your Payment Account which will be processed through ACH transfer, the ATM debit network or the Visa/MasterCard network. You agree that such requests constitute your authorization to The ICE Registry.org to such transfer. Once you have provided your authorization for the transfer by tweeting a confirmation command or by any other confirming method acceptable to us, your Purchase or Donation is initiated and you will not be able cancel the electronic transfer. You give The ICE Registry.org the right to resubmit any debit you authorized that is returned or rejected for insufficient or uncollected funds or for being over your applicable credit limit. You agree to be responsible for all purchases or donations initiated from your Account and that The ICE Registry.org may cause a debit or charge, as applicable, to your Payment Account for the amount of such purchase or donation and for any fees (such as overdraft fees) that may be assessed by your Payment Account provider. Also, in addition to this Agreement, you are also bound by the terms and conditions of the provider of your Payment Account and our third party payment processors. If you want to designate a different Payment Account you may do so by visiting our registration page and updating your information. The ICE Registry.org reserves the right to change the payment methods offered at any time. Additionally, we may, from time to time, and in our sole discretion, impose limits on the amount of money that can be used to purchase from or donate to an Organization at any one time or in a specified period.

17: Overdraft

Use of the Service may create an overdraft. The ICE Registry.org is not responsible for verifying if you have enough funds to complete the requested donation. The ICE Registry.org shall have no liability for issues encountered by your use of the Service due to factors beyond its control, including, without limitation, (a) your not having sufficient funds to complete a transaction or the transaction would exceed the credit limit of your Payment Account; (b) your providing incorrect Payment Account information; and (c) errors or malfunctions of the third-party payment processor. Additionally, if we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction) or the transaction is later invalidated for any reason, you may be assessed a fee by your financial institution and/or you may be assessed a fee by the Service and you must reimburse the Service for any fees or costs it incurs in attempting to collect the amount of the return from you.

18: Delivery/Processing of Financial Transactions

Financial Transactions are processed via a PCI compliant technology through a third party processor and funds are typically delivered to Organization in 3 days. The ICE Registry.org will make reasonable efforts to ensure that transactions are processed in a timely manner but The ICE Registry.org makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays in the banking system and delays of our third party service providers. Additionally, on occasion, technical problems may delay, interrupt or prevent your transaction from being processed. If we discover a processing error, we will use commercially reasonable efforts to have our third party processing agents rectify the error.

19: Tax Treatment of Donations

PLEASE NOTE THAT NOT ALL ORGANIZATIONS HAVE 501(C) (3) STATUS OR ARE NON-PROFIT AND THEREFORE NOT ALL DONATIONS MADE THROUGH THE SERVICE ARE TAX-DEDUCTIBLE. The ICE Registry.org is not responsible for independently verifying the tax status of any Organization. The ICE Registry.org does not provide any tax advice and you are advised to consult with your personal tax advisor regarding the ability to obtain any tax deductions for donations made to each Organization through the Service. We will provide a receipt at the end of the year listing all of your donations made through the Service and indicating whether or not each Organization to which you donated is, based solely on the information provided to us by such Organization, a 501(c)(3) organization or not. Additionally, you may view your donation history for the prior year by logging into your Account and looking at your Account History. The ICE Registry.org does not represent or warrant that any receipts available on the Website or through the Service will be satisfactory evidence of a donation if you are audited by the U.S. Internal Revenue Service.

20: Electronic Signatures and Contracts

You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and your requests to make donations to Organizations through the Service.

21: Rules of Conduct

You agree that you will be personally responsible for your use of your Account and the Service and for all of your communications and activities using the Service. The following list of prohibited conduct is for illustrative purposes only and is a non-exhaustive list of potential violations of this Agreement. You will be deemed to have violated this Agreement if you (or others using your Account) do any of the following: Transmit or distribute content that is illegal. Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted. This means: do not say bad things about them, do not keep sending them unwanted messages, do not attack their race, sexual orientation, religion, heritage, etc. Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Impersonate another person, indicate that you are a The ICE Registry.org employee or a representative of The ICE Registry.org, or attempt to mislead users by indicating that you represent The ICE Registry.org or any of The ICE Registry.org's affiliates, vendors or licensors. Attempt to get a password, other account information, or other private information from a Member or any other user of the Website or Service. Distribute any content on the Service that you do not own or have permission to freely distribute or items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction. Distribute files that contain a virus or corrupted data.

Post messages for any purpose other than personal communication, including without limitation, advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Website or Service. Attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service. Exploit any bug in the Website or Service or communicate the existence of any such bug (either directly or through public posting) to any other user of the Website or Service.

22: Public Nature of Communications

You acknowledge and agree that your communications through the Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate through the Service may be seen and used by others and result in unsolicited communications. The ICE Registry.org is not responsible for information that you choose to communicate to Organizations or other users of the Service, or for the actions of Organizations or other users. Once you send any content using the Service, you expressly grant The ICE Registry.org a perpetual, irrevocable, assignable, transferable right and license to quote, use, reproduce, modify, create derivative works of, distribute, transmit, broadcast and otherwise communicate, and publicly display and perform, the content in any form, anywhere, for any legitimate business purpose in The ICE Registry.org's discretion (with or without attribution to you or your user name), and without any notice or compensation to you of any kind, and you hereby grant all consents, rights and clearances to enable The ICE Registry.org to use such content for such purposes. You waive, and agree not to assert, any moral or similar rights you may have in such content.

23: Organization and Member Created Content

Although The ICE Registry.org prescreens Organizations before allowing them to communicate with Members through the Service, The ICE Registry.org does not endorse or approve, any messages or content that Organizations, you or other users post or communicate on the Service or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Service. To the maximum extent permitted by applicable law, The ICE Registry.org does not assume any responsibility or liability for content that is generated by Members, Organizations or other guests on or through the Service or Website. The ICE Registry.org reserves the right in our sole discretion, and to the extent feasible, to remove any content that is objectionable to The ICE Registry.org for any reason. The ICE Registry.org does not assume any liability for any failure or inability to remove, or any delay in removing, any content.

24: Non-Confidentiality, Security and Privacy

You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by The ICE Registry.org, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the The ICE Registry.org Merchant for their commercial purposes including to provision the Deal.

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy at www.TheICERegistry.org/privacypolicy

Any communications between you and The ICE Registry.org, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.

25: Rules Regarding Information and other Content

When you use the Website, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Website by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by The ICE Registry.org), and you agree not to post or use any Content in any manner that:

infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others, violates the privacy, publicity, or other rights of third parties, is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by The ICE Registry.org in its sole discretion, is false or inaccurate, or could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.

Though we strive to enforce these rules with all of our users, you may be exposed through the Website or Services to Content that violates our policies or is otherwise offensive. You may use the Website and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Website if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Website whether it violates our content policies or not.

26: General Rules of User Conduct

It is our goal to make the use of our Website and Services a good experience for all of our users, so you agree not to do any of the following: conduct or promote any illegal activities while using the Website or Services; upload, distribute or print anything that may be harmful to minors; attempt to reverse engineer or jeopardize the correct functioning of the Website or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website; attempt to gain access to secured portions of the Website or Services to which you do not possess access rights; upload or transmit any form of virus, worm, Trojan horse, or other malicious code; use the Website or Services to generate unsolicited email advertisements or spam; use any automatic or manual process to search or harvest information from the Website or Services, or to interfere in any way with the proper functioning of the Website and Services; or impersonate another user.

27: Links to Third Party Websites

We don't have control over websites that The ICE Registry.org may link to. The ICE Registry.org may contain links to third party websites that are not owned, operated, or controlled by The ICE Registry.org. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party Website. By using The ICE Registry.org you expressly relieve us from any and all liability arising from your use of any third party website.

28: Deals

The ICE Registry.org provides consumers with opportunities to purchase products and services from third party Merchants ("Merchants") with a time limited promotional added value (a "Deal"). Merchants are willing to offer attractive promotionals in order to reach the The ICE Registry.org community.

29: How It Works

By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you’ve placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the Voucher (defined below) for the Deal is ready to be used. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.

30: The Voucher

Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is remaining.

31: Expiration Dates

The expiration date for a Voucher is as printed on the Voucher. If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then The ICE Registry.org may refund the paid portion of your Voucher in the form of a credit for future Deals. In order to receive the credit, you must provide the following information in writing to help@TheICERegistry.org : (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.

32: Deal Specific Terms

Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.

33: Global Terms

Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers: no cash value for any Voucher, no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law, no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher, use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher. Vouchers cannot be combined with any other coupons or promotions unless otherwise noted on the Voucher, Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable, neither The ICE Registry.org nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers, duplicate use, sale or trade of a Voucher is prohibited, except as required by law, unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.

34: Merchant Responsibility

To be clear, The ICE Registry.org markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.

35: Promotions of the Deal Program

From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

36: Products Available for Sale

The Website can be accessed from countries around the world. You understand that some or all products or services provided on the Website may not be available for purchase to persons residing in certain jurisdictions or geographic areas. The ICE Registry.org reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. The ICE Registry.org does not represent or warrant that any product or service promoted on the Website will be available for purchase by any particular person.

37: Refunds

The ICE Registry.org will not provide a refund of the purchase price paid by you for any Deal after 2 business days has transpired after the purchase of a membership or a Voucher, provided that the Voucher has not yet been redeemed. After two days, we do not provide refunds even if you are unable to redeem a Voucher before the applicable expiration of the Voucher even if the relevant Merchant has gone out of business.

38: Chargeback’s

If for any reason there is a dispute between the Member and the Merchant and it gives rise to a chargeback. The Merchant alone is responsible for the event and the solution and not The ICE Registry.org. The ICE Registry.org in no way offers any solution, guidance on chargeback issues which are firmly between the Member, the Merchant and the credit card processing company to resolve.

39: Product Fit For Purpose and Product Warranties

It is the Merchants intent to supply and deliver product that is fit for purpose. Should the member not be satisfied with the product due to the product not being fit for purpose then the Merchant should resolve the issue directly with the Member without reasonable delay.

40: Best Efforts on Selling

The ICE Registry.org promotes and sells items on a best efforts basis and no promise implied or expressed as to the service, quality or satisfaction is guaranteed.

41: Playing Nicely

Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. The ICE Registry.org will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.

42: Indemnity

You agree to defend, indemnify and hold harmless The ICE Registry.org, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to The ICE Registry.org; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of The ICE Registry.org.

43: Reservation of Rights and Release

The ICE Registry.org reserves the right, but has no obligation, to monitor, or take any action The ICE Registry.org deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any content posted on the Website and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "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."

44: Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Website and Services in accordance with this Agreement. “The ICE Registry.org” is our trademark. Other product and company names that are mentioned on the Website or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.

The Content on The ICE Registry.org, excluding all intellectual property of other Websites obtained by way of API and linking and Content posted by our customers, is owned by The ICE Registry.org. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to The ICE Registry.org, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by The ICE Registry.org is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and Services.

As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

45: Electronic Communications

The communications between you and The ICE Registry.org use electronic means, whether you visit the Website or send us emails, or whether The ICE Registry.org posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from The ICE Registry.org in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The ICE Registry.org provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

46: Entire Agreement, Changes to this Agreement and Waivers

These Terms of Service, together with the Privacy Policy at www.TheICERegistry.org/privacypolicy and any other legal notices published by The ICE Registry.org on the Website or any Deal Voucher, shall constitute the entire agreement between you and The ICE Registry.org concerning The ICE Registry.org. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Website. It is your sole responsibility to check the Website from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Website and Services. Your use of the Website and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of The ICE Registry.org’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of The ICE Registry.org. No purported waiver or modification of this Agreement by The ICE Registry.org via telephonic or email communications shall be valid.

47: General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

YOU AND THE ICE REGISTRY.ORG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ICE REGISTRY.ORG MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Website and Service, above, you affirm that you are, in any case, 18 years of age or older. If you aren't, you must please cease use of The ICE Registry.org.

The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.

48: Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Website or our services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Website. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Website, provided that, these changes will not apply to Vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Website and for all Vouchers purchased after the effective date of the change. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Website. Your use of the Website after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

We also reserve the right to change or discontinue any aspect or feature of our services or the Website including, but not limited to requirements for access or use.

49: Copyright, Patents and Trademarks

Everything located on or in this Website is the exclusive property of The ICE Registry.org or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE ICE REGISTRY.ORG IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This Website and any Micro-site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are protected by copyright as a collective work under the United States copyright laws. The ICE Registry.org owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of The ICE Registry.org or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

The ICE Registry.org is a trademark of The ICE Registry.org, Inc. It, together with other trademarks that are located within or on the Website otherwise owned or operated in conjunction with The ICE Registry.org shall not be deemed to be in the public domain but rather the exclusive property of The ICE Registry.org, unless such mark or Website is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of The ICE Registry.org unless otherwise stated.

You will not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The ICE Registry.org does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, you warrant that the owner of such material has expressly granted The ICE Registry.org the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant The ICE Registry.org the right to edit, copy, publish and distribute any material that you make available on this Website.

50: Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

The ICE Registry.org reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

If you believe that any material has been posted via the Website by an End User in a way that constitutes copyright infringement, you shall provide The ICE Registry.org with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for The ICE Registry.org’s DMCA Agent for notice of claims of copyright infringement is: The ICE Registry.org, Inc. Attn: CopyrightAgent@TheICERegistry.org or dmca@TheICERegistry.org

51: Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER THE ICE REGISTRY.ORG, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS WEBSITE. THE WEBSITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ICE REGISTRY.ORG HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

52: Limitation of Liability, Indemnity

IN NO EVENT WILL THE ICE REGISTRY.ORG OR ITS PARENT, SUBSIDIARIES, AFFILIATES, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS OR VENDORS (COLLECTIVELY, THE ICE REGISTRY.ORG PARTIES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE ICE REGISTRY.ORG'S LIABILITY, OR THE LIABILITY OF THE ICE REGISTRY.ORG PARTIES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED IN THE AGGREGATE THE TOTAL FEES RECEIVED BY THE ICE REGISTRY.ORG AS A RESULT OF DONATIONS MADE BY YOU THROUGH THE SERVICE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE. The ICE Registry.org shall not be responsible for any interruptions of service, including without limitation, ISP disruptions, mobile carrier disruptions, or any other event which may result in a loss of data or disruption of the service. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. You hereby agree to defend, indemnify and hold The ICE Registry.org Parties harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by The ICE Registry.org arising out of or related to your use of the Website or Service or any use of your Account.

53: Arbitration

We will make every reasonable effort to resolve any disagreements that you have with The ICE Registry.org. If those efforts fail, by using this Website you agree that any claim, dispute, or controversy you may have against The ICE Registry.org arising out of, relating to, or connected in any way with this Agreement this Website or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and The ICE Registry.org; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or The ICE Registry.org’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, The ICE Registry.org will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, 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, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor The ICE Registry.org shall be entitled to arbitrate their dispute.

54: End User Communications

The ICE Registry.org in some instances allows you and other End Users to use the Website to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Website from time to time (collectively “Communities”). The ICE Registry.org shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by The ICE Registry.org, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, The ICE Registry.org shall have the right, but not the obligation, to remove any material from the Communities that The ICE Registry.org, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of The ICE Registry.org.

55: Websites of Others

The Website contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

56: Public Nature of Your Statements

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of The ICE Registry.org’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. The ICE Registry.org does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Website are not confidential.

57: License Grant

By posting Statements or other information on or through the Communities, you grant The ICE Registry.org a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

58: Indemnification

You are solely responsible for your interactions with Merchants and other users of the Website. To the extent permitted under applicable laws, you hereby release The ICE Registry.org from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a The ICE Registry.org, and any conduct or speech, whether online or offline, of any other user.

59: Termination

We may change or discontinue the Website or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Website and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.

60: Governing Law; Dispute Resolution

This Agreement shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. If there is any dispute about or involving the Website, the Service or this Agreement, you agree to personal jurisdiction by and venue in Baltimore, Maryland. If any dispute involves less than $10,000, either you or The ICE Registry.org may elect to have the dispute (except those disputes expressly excluded below) resolved by binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) in Baltimore, Maryland. Arbitration shall not be available for (i) any disputes seeking to enforce or protect, or concerning the validity of, The ICE Registry.org's intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; or (iii) any claim for injunctive or equitable relief. Notwithstanding anything to the contrary in this Section 20, The ICE Registry.org may bring a claim for injunctive or equitable relief in any court of competent jurisdiction.

61: Equitable remedies

You hereby agree that The ICE Registry.org would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that The ICE Registry.org shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in any court of competent jurisdiction with respect to any breach of this Agreement, which equitable remedies shall be in addition to such other remedies as The ICE Registry.org may otherwise have available under applicable law.

62: Additional Disclosures

No waiver by either you or The ICE Registry.org of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

If you are a California resident, you may report complaints to customerservice@TheICERegistry.org and/or the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

The provisions of these Terms of Use apply equally to and are for the benefit of The ICE Registry.org, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

63: Miscellaneous

This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. The provisions of this Agreement, except those providing license rights to you or allowing you to use the Website or Service, shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.

Thank you for taking the time to read our Terms and Conditions.

"An ICY day is sure to follow a sunny day."

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Lest We Forget

We're NOT a registered charity of any sorts. Just a group of ex-first responders and volunteers trying to make the world a safer, easier, place to live. IF you feel our products and services worthy of a few extra dollars that you can easily spare or if you've benefited from our products or services please feel free to make a donation of any size by pressing the button on the right. There are NO tax benefits for your help, just a BIG THANK YOU for your kindness. It's greatly appreciated.

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