ICv2 WEB SITE TERMS AND CONDITIONS OF USE
1. Restrictions on Use.
All materials, including images, illustrations, data, software, code, designs, icons, photographs, videoclips, and written and other materials that are part of the Site, are the property of GCO, LLC ("GCO") and/or its affiliates. The Site is protected by federal and international copyright and trademark laws and use of materials that are part of the Site must not infringe on such laws. No portion of such materials may be reprinted, republished, modified, or distributed in any form without the express written permission of GCO. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain materials contained in this Site are owned by third parties and all such third party materials and all intellectual property rights related to the materials belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend designed to identify and/or protect intellectual property contained on the Site or its content. Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by GCO.
2. Updates.
We may amend these Terms of Use at any time by posting the amended Terms of Use on the Site. The amended Terms of Use will be effective on the date indicated in the notice. We may also add, delete or modify some or all of our services at any time. We encourage you to review these Terms of Use from time to time. If you have any questions about the Terms of Use, contact us at help@icv2.com.
3. Warranty Disclaimer.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.
4. Confidential and Proprietary Information; License Grant.
By sending GCO any information or material, you grant GCO an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that GCO is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. We reserve the right to take any action with respect to information posted on the Site which we believe is appropriate in our sole discretion with respect to information posted on the Site, including but not limited to termination of your rights of use. However, we cannot, nor do we, control the information provided by users or content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. Subject to our Privacy Policy terms (which can be found at privacy, and which is incorporated herein by reference), please note that any information or material sent to GCO through the Site will be deemed NOT to be confidential.
5. Links or Pointers to Other Sites.
GCO makes no representations whatsoever about any other Web site that you may access though this Site. When you access a non-GCO Site, please understand that it is independent from GCO, and that GCO has no control over the content on that Web site. In addition, a hyperlink to a non-GCO Site does not mean that GCO endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
6. Trademark Notice.
The "ICv2," Internal Correspondence, and "ICv2.com" names, the Link (as defined immediately below) and the Link Logo (as defined immediately below) are or contain GCO's proprietary logos, trademarks and service marks (collectively, the "GCO Marks"). Any other trademarks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
7. Links to the Site.
You do not need to request permission to create a hyperlink from your Web site to the Site (a "Link"). If you create a Link, your use of the Link a link is subject to the following limitations and you hereby agree that your compliance with the following limitations is a condition to your permission to create a Link, unless otherwise agreed to in writing by you and GCO.
A. Form of Link. If used, the ICv2 logo must be used as a link to "www.ICv2.com" You may not use the Link Logo as a static image. You may not frame the Site or modify or alter the content or manner of display of the Site.
B. References to Us. References to us must appear as "ICv2.com" at the first and each subsequent use on any Web site.
C. Proprietary Marks. The GCO Marks may not be modified or altered in any way. You may not use the GCO Marks: (1) to imply sponsorship or endorsement by GCO; (2) to disparage GCO, its product or services; (3) in connection with any products or services that in GCO's sole judgment may diminish or damage the goodwill in the GCO Marks; (4) in such a way that the GCO Marks are displayed more prominently than the name/logo of your company; or (5) to infringe GCO's intellectual property rights or violate any state, federal, or international law.
D. Trademark Notice. The following notice shall be included on the Web page in which the Link or Link Logo appears: "ICv2.com, ICv2 and the ICv2 Logo are trademarks of GCO, LLC."
8. System Integrity.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques.
9. Our Relationship.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and GCO. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party.
10. Notices.
Except as explicitly stated otherwise or required by law, you shall provide any notices to GCO by e-mail to Mgriepp@ICv2.com. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration. E-mail notices will be deemed given within 12 hours of sending.
11. Copyright Infringement Notification.
As provided in the Digital Millenium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding the Site:
Milton Griepp
GCO, LLC
448 W. Washington Ave.
Madison, WI 53703
608-284-9400
608-284-9404 (fax)
If you believe the Site infringes a copyright, please provide the following information to the person identified above:
A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. Choice of Law and Venue.
These Terms of Use are entered into in the State of Wisconsin and shall be governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of its choice of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Dane in the State of Wisconsin, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
13. Indemnification.
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site; your decision to purchase products or services as a result of using this Site; your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you; your use of the GCO Company name, a Link or the Link Logo. Any such indemnification shall be conditioned on our: (a) promptly notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
14. Entire Agreement.
These Terms of Use constitute the entire agreement between GCO and you pertaining to the subject matter hereof. In its sole discretion, GCO may modify these Terms of Use by posting the revised version on this Site.
15. Limitation of Liability.
From time to time, the Site will need scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of the Site, for any loss of data or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the Site. IN NO EVENT SHALL GCO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL GCO'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $1,000. YOUR SOLE AND ABSOLUTE REMEDY TO ANY CLAIM RELATING TO A LINK OR LINK LOGO IS TO STOP USING THEM. The limitations of liability provided in these Terms of Use inure to the benefit of GCO, our affiliates and to all of our respective officers, directors, employees, attorneys and agents.
16. No Unlawful or Prohibited Purpose.
You must comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and posting and retrieval of information on the Site. You are responsible for paying and/or collecting and remitting all applicable fees and taxes imposed upon you by the appropriate governmental entity and incurred in connection with your access to our servers. As a condition of your use of this Site, you warrant to GCO that you will not use the Site for any purpose that is prohibited by these Terms of Use.
17. Termination.
We may immediately terminate any or all of your rights of use if you breach any of these Terms of Use, or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. In the event of termination, you will remove all references to GCO and ICv2, including the Link and the Link Logo, if any, within twenty-four (24) hours of written request by GCO
