Terms & Conditions
The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. We reserve the right to make changes to this site and these terms and conditions at any time. Your continued use of this site following the posting of changes or modifications to these terms and conditions will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of this site. If you do not agree to the amended terms, you must stop using this site.
This site is owned and operated by ice.com (“Ice” or “we”; “us” or “our” may also be used as needed for grammatical purposes). Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are our sole property. All software used on the site is our sole property or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Ice, the Ice logo, Ice Rewards, icetrends.com and ice.com are registered trademarks of Ice. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Ice. All other trademarks or service marks are property of their respective owners. The use of any Ice trademark or service mark without our express written consent is strictly prohibited.
RISK OF LOSS
All items purchased from Ice are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Ice does not take title to returned items until the item arrives at the appropriate location. At our discretion, a refund may be issued without requiring a return. In this situation, Ice does not take title to the refunded item.
Ice attempts to be as accurate as possible. However, Ice does not warrant that product descriptions or other content on the Ice website is accurate, complete, reliable, current, or error-free. If a product offered by Ice itself is not as described, your sole remedy is to return it in unused condition.
“List Price” or “MSRP” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices offered by other retailers and may reflect the prices listed by other retailers in the stated List Price or MSRP.
Despite our best efforts we cannot always confirm the price of an item until you order. Additionally, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Ice is higher than our stated price, we may, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ICE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ICE WEBSITE ARE PROVIDED BY ICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ICE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ICE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ICE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ICE DOES NOT WARRANT THAT THE ICE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ICE WEBSITE, ICE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ICE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ICE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ICE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ICE ARISING FROM ANY PRODUCT SOLD ON THE ICE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED.
CERTAIN STATE LAWS, INCLUDING NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS DO NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Ice Website, or to any products or services sold or distributed by Ice or through ice.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. The Federal Arbitration Act, and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
VENUE AND APPLICABLE LAW
By using ice.com, icetrends.com or any Ice service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Ice.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price within a reasonable time period.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
When you use the ice.com website or any Ice server, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through any other Ice service, and you can retain copies of these communications for your records. We will not send you text messages for marketing purposes, but we may use text messaging to communicate with you about pending orders, orders, inquiries or other transaction-related interactions that may be initiated by you. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ADDITIONAL SOFTWARE TERMS
- Use of any Ice Software. You may use Ice Software solely for purposes of enabling you to use and enjoy the ice.com website as provided by Ice, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of any Ice Software or the ice.com website into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Ice Software or otherwise assign any rights to the Ice Software in whole or in part. You may not use any Ice Software for any illegal purpose. We may cease providing any Ice Software and we may terminate your right to use any Ice Software at any time. Your rights to use any Ice Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Ice Software that are specifically identified in related documentation may apply to that Ice Software (or software incorporated with the Ice Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Ice website is the property of Ice or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, any Ice Software, whether in whole or in part, or create any derivative works from or of any Ice Software.
- Updates. In order to keep the Ice Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Ice Software. If you are a U.S. Government end user, we are licensing the Ice Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Ice Software are the same as the rights we grant to all others under these Conditions of Use.