Terms and Conditions
1.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
The services offered at www.icitycerts.com ("icitycerts.com" or
"Site"), and any subdomains, are provided to you under the terms and
conditions of this icitycerts.com Terms of Service ("Terms of Service")and
any operating rules or policies that may be published by icitycerts.com at the
URL: www.icitycerts.com (the "Service"). The Terms of Service
comprise the entire agreement between you and icitycerts.com and supersede all
prior agreements between the parties regarding the subject matter contained
herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING ICITYCERTS.COM, USER
AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue
to use icitycerts.com as long as you adhere to these Terms of Service.
2.
SERVICES VOID WHERE PROHIBITED:
Use of the Services is void where prohibited. By using this Service, you
represent and warrant that you have the right, authority, and capacity to enter
into this Agreement and to abide by all the Terms and Conditions of this
Agreement.
3.
REGISTRATION:
In order to register with icitycerts.com you must supply a valid email address,
which will be used as a unique identifier for your account, and a password.
4.
DESCRIPTION OF SERVICE:
icitycerts.com provides users with a variety of online services, including but
not limited to:
1. the purchase of certificates
valid for goods and services at leading independent businesses across the
country
5.
LIMITATION OF LIABILITY: BY USING ICITYCERTS.COM, YOU AGREE AND UNDERSTAND THAT
INJURIES AND DAMAGES CAN OCCUR BY THE USE OF SUCH PRODUCTS, EITHER AS A RESULT
OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. NOTWITHSTANDING ANYTHING TO THE
CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND
DISCHARGE ALL CLAIMS, RELEASE ICITYCERTS.COM FROM ALL LIABILITY AND INDEMNIFY
AND HOLD HARMLESS ICITYCERTS.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT
OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH
ANY PRODUCTS PURCHASED BY WAY OF USING THE ICITYCERTS.COM WEBSITE. YOU AGREE
AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING
UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND
INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
6.
COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or
reproduce in any way any copyrighted material, trademarks, or other proprietary
information owned or controlled by someone else without obtaining the prior
written consent of the owner of such proprietary rights. Without limiting the
foregoing, if you believe that your work has been copied and posted on the icitycerts.com
Service without your permission or in any way that constitutes copyright
infringement, please provide icitycerts.com with the following information: a
description of the copyrighted work that you claim has been infringed; a
description of where the material you claim is infringing is located on the icitycerts.com
Service; your address, telephone number, and email address; and a written
statement by you stating that you have a good faith belief that the disputed
use is not authorized by you, your agent, or the law; and a statement by you,
made under penalty of perjury, that you own the claimed infringing material
together with any evidence of such ownership. Please contact icitycerts.com at
the following address: ATTN: Legal,
icitycerts.com c/o MediaMax Network 400 Columbus Avenue, Valhalla, New York
10595.
7.
NO "SPAMMING": You must not use any feature of the icitycerts.com
Service for chain letters, junk mail, or "Spamming" nor make any use
of the distribution lists in a manner involving any person who has not given
specific permission to be included in such a process. An email advertisement
which is (a) addressed to a recipient with whom you do not have an existing
business or personal relationship and (b) is not sent at the request of or with
the express consent of the recipient to receive such communications from you
("Spam" or "Spamming") is strictly prohibited by icitycerts.com.
If you use any feature of the icitycerts.com Service for the purpose of sending
Spam, icitycerts.com reserves the right to immediately terminate your access to
the icitycerts.com Service and to seek appropriate legal recourse as necessary.
If you believe that other users are using the icitycerts.com Service for Spam,
please notify icitycerts.com using the Report Abuse form that is available by
clicking the "Report Abuse" link under a user's product review.
8.
NOTICES: icitycerts.com may give notice to you by e-mail, a posting on the
Site, or other reasonable means. You must give notice to icitycerts.com in
writing via e-mail or as otherwise expressly provided by icitycerts.com. icitycerts.com
may broadcast, distribute or display notices or messages through the icitycerts.com
Service to inform you of changes to the TERMS OF SERVICE, the Service, the
Privacy Policy or other matters of importance. Such broadcast, distributions or
displays of information shall constitute notice to you.
9.
PRIVACY POLICY: It is icitycerts.com's policy to respect the privacy of its
users. icitycerts.com's policies with regard to Personally Identifiable
Information it collects from you, what information third parties affiliated
with icitycerts.com collect from you and how that information is used is
governed by the icitycerts.com Privacy Policy, which you can access on this
site.
10.
SECURITY: You are solely responsible for maintaining the confidentiality of
your password and account, and for any and all activities that occur under your
account. You may change your password or any other account information at any
time by going to your My Account page once you have logged in. You may also set
up a new account at your convenience. You agree to notify icitycerts.com
immediately of any unauthorized use of your account or any other breach of
security known to you. You must promptly inform icitycerts.com of actual or
apparent breaches of security, such as loss, theft, or authorized disclosure or
use of a user account or password. Until icitycerts.com is notified of a breach
in security, you will remain liable for any unauthorized use of the icitycerts.com
Service through your account. In consideration for using the icitycerts.com
Service, you agree to: (1) provide certain current, complete, and accurate
information about you when prompted to do so by the Service, and (2) maintain
and update this information as required to keep it current, complete and
accurate. If any information provided by you during your original registration
or in your My Account is inaccurate, icitycerts.com reserves the right to
terminate your account immediately and your right to use the icitycerts.com
Service.
11.
NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the icitycerts.com
Service is personal to you. You agree not to resell or make any commercial use
of the icitycerts.com Service without the express consent of icitycerts.com.
You may not create bots or other computer generated automatic tools to abuse
the icitycerts.com Service in any manner. Use that constitutes abuse shall be
determined by icitycerts.com in its sole discretion. icitycerts.com reserves
the right to terminate your account if icitycerts.com determines you have not
complied with these Terms of Service.
12.
USER CONDUCT: icitycerts.com reserves the right, but does not assume the
responsibility, to monitor or review your conduct on the icitycerts.com Site.
Your use of the icitycerts.com Service is subject to all applicable local,
state, national and international laws and regulations.
In using the icitycerts.com Service you agree not to:
- Use the icitycerts.com
Service for illegal purposes;
- Interfere or
disrupt networks connected to the icitycerts.com Service or violate the
regulations, policies or procedures of such networks;
- Use the icitycerts.com
Service in connection with chain letters, junk mail, surveys, contests,
pyramid schemes, or use any distribution lists including any person who
has not given specific permission to be included in such a process
(commercial or otherwise);
- Harvest or
otherwise collect information about other users, including e-mail
addresses, without their consent;
- Transmit through
the icitycerts.com Service any unlawful, harassing, defamatory, abusive,
threatening, harmful, vulgar, obscene, sexually explicit, or otherwise
objectionable material of any kind or nature;
- Invade another's
privacy or violate rights of publicity or intellectual property rights
(including but not limited to copyright, trademark and patent rights)
while using the icitycerts.com Service;
- Transmit through
the icitycerts.com Service any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation;
- Interfere with
another User's use and enjoyment of the icitycerts.com Service;
- Defame, abuse,
harass, stalk, threaten or violate the legal rights (such as rights of
privacy and publicity) of any other user;
- Create a false
identity for the purpose of misleading others as to your identity or the
origin of a message;
- Use, download or
otherwise copy, or provide (whether or not for a fee) to a person or
entity that is not a user of the icitycerts.com Service any directory of icitycerts.com's
users or usage information or any portion thereof other than in the
context of your use of the Service as permitted under these Terms of
Service;
- Transmit or upload
any material that contains viruses, trojan horses, worms, time bombs,
cancelbots, or any other harmful or deleterious programs;
- Attempt to gain
unauthorized access to the Service, other accounts, computer systems or
networks connected to the Service, through password mining or any other
means; or
- Engage in any other
conduct which, in icitycerts.com's sole discretion, is considered
inappropriate, unauthorized or objectionable of Service.
13.
INDEMNIFICATION: You agree to indemnify and hold icitycerts.com, its parent,
subsidiaries, affiliates, officers, employees, agents, directors, successors
and assigns harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the icitycerts.com
Service, the violation of these Terms of Service by you, the infringement by
you (or other user of the Service using your account) of any intellectual
property or other right of any person or entity or violation of any federal,
state or local law or regulation.
14.
TERMINATION: You may terminate your participation in the icitycerts.com Service
with or without cause at any time and effective immediately. icitycerts.com may
terminate the icitycerts.com Service or your use of the Service with or without
cause at any time and effective immediately, at icitycerts.com's sole
discretion, by immediate termination of your use of the icitycerts.com Service
should your conduct fail to conform to the terms and conditions of these Terms
of Service. icitycerts.com shall not be liable to you or any third party for
termination of the icitycerts.com Service or termination of your use of the icitycerts.com
Service. Should you object to any terms and conditions of the Terms of Service
or any subsequent modifications icitycerts.com makes to the Terms of Service or
become dissatisfied with the icitycerts.com Service in any way, your only
recourse is to immediately: (1) discontinue use of the icitycerts.com Service;
and (2) notify icitycerts.com of your termination and, at your discretion,
notify icitycerts.com of the reasons for your termination. Upon termination of
your use of the icitycerts.com Service, your right to use the icitycerts.com
Service shall cease immediately. You shall have no right and icitycerts.com
will have no obligation thereafter to forward any unread or unsent messages to
your or any third party on your behalf. Sections 2, 5, 6, 9, 10, 13, 14, 15, 18,
19 and 20 shall survive termination of the Terms of Service.
15.
TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: icitycerts.com shall not be
liable for your interactions with any merchants, retailers and/or individuals
found on or through the icitycerts.com Service. This includes, but is not
limited to, payment and delivery of goods and services, and any other terms,
conditions, warranties or representations associated with such dealings. These
dealings are solely between you and such merchants, retailers and/or individuals.
icitycerts.com is under no obligation to become involved in disputes between
participants on the icitycerts.com Service, or between participants on the icitycerts.com
Service and any third party.
16.
LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links
included within the icitycerts.com Service that take you out of the icitycerts.com
Service are not under icitycerts.com's control and icitycerts.com shall not be
responsible for the content, products or services of any linked website. All
such websites shall be subject to the policies and procedures of the owner of
such websites. We encourage you to read those policies and know your rights
under any web site you visit.
17.
VIOLATION OF TERMS BY OTHER USERS: icitycerts.com asks that you participate in
ensuring that all users follow the terms of these Terms of Service by reporting
any user reviews or other postings or messages that violate these terms. To
report a violation of these Terms of Service, please email us at or click on
the Report Abuse link under user reviews.
18.
DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE ICITYCERTS.COM
SERVICE IS AT YOUR SOLE RISK. THE ICITYCERTS.COM SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. ICITYCERTS.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. ICITYCERTS.COM MAKES NO WARRANTY THAT
ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ICITYCERTS.COM MAKES NO WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ICITYCERTS.COM
DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY
ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING
BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO ICITYCERTS.COM
FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. ICITYCERTS.COM ASSUMES
NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE
ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT
OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT
LIMITED TO ADVERTISERS AND USERS) THROUGH THE ICITYCERTS.COM SERVICE. YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE ICITYCERTS.COM
SERVICE. ICITYCERTS.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS
SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ICITYCERTS.COM OR THROUGH THE ICITYCERTS.COM SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
19.
LIMITATION OF LIABILITY: ICITYCERTS.COM SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ICITYCERTS.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE
OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH ICITYCERTS.COM OR A THIRD
PARTY THROUGH THE USE OF THE ICITYCERTS.COM SERVICE; (IV) OR UNAUTHORIZED ACCESS
TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE
THAT ICITYCERTS.COM IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY
UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR,
OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY
OTHER PARTY ON OR THROUGH THE ICITYCERTS.COM SERVICE, OR FOR ANY INFRINGEMENT
OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO
INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO SOME USERS.
20.
GENERAL PROVISIONS: These Terms of Service shall be governed by and construed
in accordance with the laws of the state of New York, excluding its conflict of
laws provisions. You agree to submit to the exclusive jurisdiction of the
courts of the State of New York, provided, however, that icitycerts.com, in its
sole discretion, may elect to settle any litigation in any way arising out of
or relating to these Terms of Service through binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association.
Any such arbitration shall be conducted in New York, and judgment on the
arbitration award may be entered into in any court having jurisdiction thereof.
If any provision(s) of these Terms of Service is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect. icitycerts.com's failure to
exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision unless acknowledged and agreed
to by icitycerts.com in writing. User and icitycerts.com agree that any lawsuit
arising out of or related to this Service must commence within one (1) year
after the cause of action arises; otherwise, such cause of action is
permanently barred. The section titles in these Terms of Service are solely
used for the convenience of the parties and have no legal or contractual
significance.
21.
MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: icitycerts.com reserves
the right to modify or discontinue the icitycerts.com Service with or without
notice to you. icitycerts.com shall not be liable to you if icitycerts.com
modifies or discontinues its Service. icitycerts.com may change the terms and
conditions of the Terms of Service at any time in its sole discretion. In the
event of any material or substantial change in the terms and conditions of
these Terms of Service, icitycerts.com may notify you via e-mail, and/or by
posting an announcement of the changes together with a link to the new Terms of
Service on the icitycerts.com Service. By using the icitycerts.com Service
after any change in the Terms of Service you acknowledge and accept changes to
the Terms of Service.
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