Agreement to Terms

ICC Tech (“us”, “we” or “our”) offers this website and web pages as a form of information and purchase of ICC Water Clarifier. Throughout these Terms and Conditions of Use we will refer to our website and e-commerce shop as “Services.”

These Terms and Conditions of Use (the “Terms”) apply to our website located at www.iccfountaincare.com (the “Site”). The Site is the property of ICC Tech and its licensors. These Terms are a legally binding agreement that shall govern the relationship with our users and others which may interact with us and our subsidiaries and affiliates, in association with the use the Site and its Services, which shall be defined below.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time. These Terms are effective immediately upon posting such changes on the Site. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

By using the Site you affirm that you are over the age of 13 years old, as the Site is not intended for children under 13. If you are under 13 years of age, please do not use the Site or Services.

Content

All information and materials, including any text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and other content (collectively, “Content”) contained on or submitted to the site are owned, controlled or licensed by us. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, modified, reproduced, adapted, reverse engineered, distributed, framed, republished, uploaded, displayed, posted, transmitted, transferred, licensed, publicly displayed, encoded, translated, disrupted, or sold in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

You may use information on products and services purposely made available for downloading from the Site, provided you: (a) not remove any proprietary notice language in all copies of such documents; (b) use such information only for your personal, non-commercial information purpose and do not copy or post such information on any networked computer or broadcast it in any media; (c) make no modifications to any such information, and (d) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any deep-link, robot, spider, or other automatic device, program or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or interfere or attempt to interfere with the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. We reserve the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our hardware and software, or any systems or networks connected to the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You agree not to submit any material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual. You may not engage in any activities or submit any material that could be harmful to minors. You may not engage in any activity or submit any material that harasses or advocates harassment of another person. You may not engage in activity that involves the transmission of “junk mail” or unsolicited mass mailings or “spam.” You may not engage in activity, or submit material, or promote information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous. You may not transmit any viruses, Trojan horses, worms, or any other similar forms of malware. You may not engage in any unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, or barter.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any messages or transmittal you send to us on or other Site or any service offered or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual entity, including falsely indicating that you are our official or representative, celebrity or public figure.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.

Submissions

We may provide an area for our users and members to contribute or otherwise submit information, graphics, suggestions, ideas, documents, proposals, notes, concepts, ratings or other materials (“Submissions”) on or to the site. By sending, posting or transmitting Submissions to the Site, you acknowledge and agree that: (a) you Submissions do not contain any type of confidential or proprietary information; (b) we shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Submissions; (c) we shall be entitled to make use of and/or disclose any such Submissions in any matter as we may see fit; (d) the contributor’s Submissions shall automatically become the sole property of us; and (e) we are under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

You are responsible for the content of your Submissions. By sending, posting or transmitting Submissions, you represent and warrant that: (a) you own or otherwise control all of the rights to your Submissions; (b) your Submissions are true and accurate; (c) your Submissions do not violate the rights of any other person or entity, such as the rights of privacy and public; and (d) your Submissions comply with applicable laws, rules and regulations.

Privacy

Our Privacy Policy applies to use of this Site, and its terms are made a part of these Terms by this reference. Make sure to read our Privacy Policy to learn about what information we may collect and how we process it. You acknowledge and agree that Internet transmissions may never be completely private or secure. You understand that we do not and cannot guarantee that your use of our Site and/or the information provided by you through the Site will be private or secure. We are not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation and intended use of our Site.

Purchases and Payment

Our products are provided as is. We may make changes to any products or services offered, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitments to update the materials on the Site with respect to such products and services.

After browsing our website you may be interested in purchasing ICC Water Clarifier. You will be required to submit payment information to do so. To process our payments we use either PayPal or Stripe.com. You must agree to their terms and conditions before paying for any of our products.

Refund Policy: We offer refunds to any unsatisfied customer up to thirty (30) days after the purchase was made. If you would like your money back, simply contact us through our help center with a description of your problem and request for a refund.

Taxes: You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

Registration and Account

You may visit our Site and purchase from the Site without registering. However, by creating an account and becoming a “Member” you can view past orders and save information to make your checkout experience more efficient. When creating an account we may collect information such as your name, email address, birth date, and mailing address. You can edit your account information at any time. If you decide to purchase, you will also be required to submit your PayPal or credit card information to our third party payment processors. We may also ask you for additional information if necessary.

By registering and becoming a Member you agree that: you are of legal age and are otherwise capable of forming a legally binding contract, all information you submit or in connection with our Services is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times, you agree to be contacted via email, SMS and text messaging, and third parties if relevant, regarding our Services.

If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of that entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on the entity’s behalf.

You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account and password. We cannot and will not be liable for any loss or damages arising from your failure to comply with these obligations.

Termination

We may terminate, modify, or limit your access to the Services, with or without notice to you, at any time for any or no reason, effective immediately.

As a Member, you agree that we may, with or without notice to you, at any time for any or no reason, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and to any of our Services.

Furthermore, you agree that any and all terminations, suspensions, discontinuances, and/or limitations of access shall be made at our sole discretion and that we shall not be liable to you or any third party with regards to termination.

You may unsubscribe from any further communication from us at any time delivering a written notice using the help center. You shall be responsible for ensuring the delivery of the notice. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of our emails.

If you wish to terminate these Terms or your Member account (if you have one), you may simply discontinue using our Services. All provisions of these Terms which by their nature should survive termination shall survive termination.

Links to Other Sites

The Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience and reference to our visitors. Such Linked Sites are not under our control, and we are not responsible for their contents or their use. The inclusion of a link does not imply endorsement by us of the Linked Site or any association with the operators of such site. We do not investigate, verify or monitor Linked Sites. You access Linked Sites at your own risk. We disclaim any responsibility, directly or indirectly, for any harm resulting from your use of Linked Sites.

Disclaimers and Limitations

Our Services are provided on an “as is” and “as available” basis. We do not promise that the Site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. All information provided on the site is subject to change without notice. We disclaim all warranties of any kind, express or implied, including, without limitations, any warranties of accuracy, the warranties of merchantability, fitness for a particular purpose, freedom from defects, and non-infringement. We disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any of our services. You assume total responsibility for your use of the site and any linked sites. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk. Any oral or written advice provided by us or our authorized agents does not and will not create any warranty. Your sole remedy against us for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

We reserve the right to do any of the following, at any time, without notice: (a) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (b) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (c) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

In no event will we be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (a) any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages; (b) the cost of procurement for substitute products or services; (c) for interruption of use or loss or corruption of data; (d) for any other claim, demand or damages whatsoever resulting from or arising out of or in connection with your use of the Site or Services; or (e) for any amounts that exceed any subscription or similar fees with respect to any service or feature of or on the Site paid by you under these Terms in the six months prior to the date of the initial claim made. We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which is not lawful to exclude either now or in the future.

ERRORS AND DELAYS

We are not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.

Intellectual Property

You acknowledge, understand and agree that all of our trademarks, copyright, trade name, service marks, and other logos and any brand features, and/or product and service names and our Services are trademarks and as such, are and shall remain our property. You agree not to display and/or use in any manner our logos or marks without obtaining our prior written consent. You may not claim intellectual or exclusive ownership to any of our Services, modified or unmodified. Other trademarks, service marks, graphics or logos in connection with our Services may be the trademarks of other third parties.

Procedure for Making Claims of Copyright Infringement

We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you believe that your work has been copied in any way that constitutes an infringement on the Site, please provide the information in form of an email through our help center. We will promptly investigate notices of alleged infringement and will take appropriate actions.

To file a copyright infringement notification with us, please send us a written communication that includes the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material, for example, by providing URLs in the body of an email; (d) information reasonably sufficient to permit the contact of the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party 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 (f) a statement that the information in the notification is accurate and, under penalty or perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Applicable Law

These Terms and any access to or use of our Services will be governed by the laws of the United States and the state of California, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California and waive any objection to such jurisdiction of venue. Prior to initiating any arbitration, the initiating party will give the other party at least sixty (60) days advanced written notice of its intent to file for arbitration. This agreement provides that all disputes will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONS’ CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO TRAIL BE JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

Indemnity

You agree to indemnify and hold us, our officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, made against us by any third party due to or arising out of or in connection with your use of the Site or Services.

Representation and Warranty

You represent and warrant that: (a) you use of our Services will be in strict accordance with our Privacy Policy, with these Terms, and with all applicable law and regulations; (b) the information you provide is accurate, current and complete; and (c) your use of the Site and Services shall not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party or violate any other rights of third parties.

Violation of These Terms

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Apple’s rights of property, or the rights of property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information we deem necessary to comply with any applicable law, regulation, legal process or governmental request.

You agree that we may preserve any transmittal or communication by you with us through the Site or Services, and may disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any such data violates the rights of others, or (d) protect the rights, property or personal safety of us, our employees, users of or visitors to the Site, and the public.

General

These Terms, together with the Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and us with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing with respect to such use are hereby superseded and canceled. If any provisions of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver of any provision or any right it has to enforce these Terms, nor shall any course of conduct be deemed to modify any provision of these Terms. These Terms may not be transferred or assigned by you without the prior express written consent of us, but may be assigned by us without restriction. Any attempted transfer or assignment without our prior express written consent in violation hereof shall be null and void. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. All rights not expressly granted herein are reserved to us.

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT REGARDLESS OF ANY STATUE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

History

Last Updated: February 23, 2018