TERMS & CONDITIONS
iCaddy® User Agreement
You understand and agree that, by visiting this website, www.shopicaddy.com (the "Website"), and any affiliated sites, you are accepting, without limit, the terms of this User Agreement. If you do not agree with any portion of this User Agreement, your only option is to discontinue use of the Website and its affiliated sites. In agreeing with this User Agreement, you represent and warrant that you are at least eighteen (18) years of age or otherwise capable of understanding, entering into and performing legal agreements. If you are under eighteen (18) then you may only use this Website and any affiliated websites with the express written consent of a parent or legal guardian.
Revisions to User Agreement
This User Agreement is subject to modification and revision from time to time by the Company. The Company may modify the terms of this User Agreement to reflect changes to the law or changes in the Website. The effective date of the most recent revision is set out above and all users are bound by the terms of the User Agreement then in effect as of the date of your Website usage. If you do not agree to any modified term in this User Agreement, you should discontinue your use of the Website.
Copyright and Ownership of shopicaddy.com
All of the content featured or displayed on the Website is owned by the Company, or its’ subsidiaries, affiliates, licensors and / or its content providers. All elements of the Website, including but not limited to the general design and content, are protected by trade dress, copyright, trademark and other laws related to intellectual property rights. Except as explicitly permitted through this User Agreement, no portion or element of the Website may be copied by any means, and the Website and its contents shall remain the exclusive property of the Company. If you operate a separate website or host a blog, and wish to link to the Website you may only do so with the express written permission of the Website’s administrator and you must agree to immediately delete the link upon request from the Company.
Subject to this User Agreement, the Company grants you nonexclusive and revocable permission to access the Website and view its content solely for your personal, noncommercial use.
Links to third party websites may be provided on the Website from time to time for your convenience, and should not be taken as either an endorsement by the Company or affiliation with the linked site. The Company is not responsible for the content of any linked site and or the consequences of linking to another site.
Automatic Grant to User-submitted Content
Users of the Website may be able to submit or to otherwise post messages, emails, photographs, text, videos and other content (collectively, the "Content") for display on the Website. You are solely responsible for any Content that you post on the Website. The Website is a passive conduit for such Content (Communications Decency Act, 47 USC § 230). Such Content must, however, conform to the guidelines below. Without limiting any of its rights in law or equity, the Company reserves the right, in its sole discretion, to remove any Content for any reason from the Website.
The Company respects the copyrights of others and expects its users to do the same. The Company will respond to notices of alleged copyright infringement and terminate the account of any infringer according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that the Company has infringed your copyright, please notify us in writing at email@example.com.
The Company strives to provide an exceptional experience through the Website using a commercially reasonable level of skill and care. The Company does not warrant or guarantee that all files available for downloading will be free of defects. Though the Company employs commercially reasonable measures to protect the Website from malicious viruses, worms, Trojan horses and other destructive programs, it is your responsibility to protect your own devices from infection.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY SERVICE OR PRODUCT ON OR RELATED TO THE WEBSITE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In addition to any other remedies provided in law or equity, including specified damages and attorney's fees, if the Company files suit to enforce any provision of this User Agreement and is the substantially prevailing party, it shall be entitled to its attorney's fees and costs of suit.
You agree to indemnify, defend and hold harmless the Company, its affiliates, employees, officers, directors, and agents from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney's fees) based on or arising from any breach by you of your obligations under this User Agreement. The Company reserves the right to defend any such claim, and you agree to provide the Company with such reasonable cooperation and information as it may request or require in the defense of any such claim.
This User Agreement is governed and interpreted under the laws of the state of California. You agree that the federal and state courts located in the County of Los Angeles, California, shall have exclusive jurisdiction to resolve and decide any dispute under this User Agreement. In the event that any provision of this User Agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
If any provision of this User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions.