Terms and Conditions of Use
This website (the “Website”) is operated by ICOLLECT HOLDINGS CORPORATION The English version hereof is the legally binding version, and any other language versions provided on this or any other website are made available for convenience purposes only and do not govern the legal relationship between ICOLLECT HOLDINGS CORPORATION and the website user. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Website, to be effective immediately.
1. Accessing and Using the Website
The Website is controlled and operated from the United States of America using a server located in the United States of America. We provide the Website for use only by persons in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and thereby accept our Terms and Conditions under the laws of the United States of America.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website; and
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. The Website may be unavailable from time to time due to mechanical, telecommunications, software, and third-party vendor failures. ICOLLECT HOLDINGS CORPORATION cannot always predict or control when such downtime may occur, cannot always control the duration of such downtime, and is not responsible for any losses caused by such downtime. From time to time, we may also restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
- To impersonate or attempt to impersonate ICOLLECT HOLDINGS CORPORATION , a ICOLLECT HOLDINGS CORPORATION employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm ICOLLECT HOLDINGS CORPORATION or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Website;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Website.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted herein to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not ICOLLECT HOLDINGS CORPORATION , have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ICOLLECT HOLDINGS CORPORATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ICOLLECT HOLDINGS CORPORATION , SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve any contests or sweepstakes or involve any other commercial activities, sales, promotions, barter, or advertising outside of designated sections of the Website; or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reasonable efforts are made to ensure the accuracy and integrity of information and related materials provided by ICOLLECT HOLDINGS CORPORATION on the Website, but ICOLLECT HOLDINGS CORPORATION is not responsible for misprints, out of date information, technical or pricing inaccuracies, typographical or other errors appearing on the Website, the websites of any ICOLLECT HOLDINGS CORPORATION member dealer, or any other website. Information and related materials are subject to change without notice.
Any views expressed by third parties on the Website are solely the views of the third party and ICOLLECT HOLDINGS CORPORATION assumes no responsibility for the accuracy of any statement which they have made. These materials do not necessarily reflect the opinion of ICOLLECT HOLDINGS CORPORATION
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services or links to other websites or resources including websites of independent ICOLLECT HOLDINGS CORPORATION Official Submission Centers, ICOLLECT HOLDINGS CORPORATION Authorized Dealer members and ICOLLECT HOLDINGS CORPORATION Strategic Partners (who are not agents of ICOLLECT HOLDINGS CORPORATION ) ("Third-Party Content"). We have no control over the content of Third-Party Content. We are not responsible, or liable to you or any third party, for the availability of any websites linked from the Website, the content or accuracy of any Third-Party Content (including, without limitation, any goods or services available from a linked website or other advertising or content a such linked website), or the use that such linked website makes of your personal information. Furthermore, we will not be responsible for any offense, damage or loss caused by or connected to the use or reliance on Third-Party Content.
Reference to any product, service or other offering of any third party by name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of ICOLLECT HOLDINGS CORPORATION
The Website may be accessed by international users and may contain references to ICOLLECT HOLDINGS CORPORATION products or services that are not available in your country. Such references do not imply that ICOLLECT HOLDINGS CORPORATION intends to make available in your country such products or services or that such products may be lawfully used in or imported into your country. ICOLLECT HOLDINGS CORPORATION reserves the right without prior notice to discontinue products or services or change specifications or prices at any time without incurring any obligations to any party.
2. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including, but not limited to, all text, displays, names, characters, images, trademarks and logos, and the design, selection, and arrangement thereof) are protected by trademark rights, copyrights and other rights owned by ICOLLECT HOLDINGS CORPORATION and ICOLLECT HOLDINGS CORPORATION ’s licensors, suppliers, accounts, or other owners of such materials.
By hosting the Website, ICOLLECT HOLDINGS CORPORATION is not soliciting ideas or suggestions for concepts or techniques from the public. Should any user of this web page voluntarily provide such suggestions or feedback, such information shall be deemed to be non-confidential and non-proprietary. By providing any User Contribution on the Website or otherwise communicating such information to ICOLLECT HOLDINGS CORPORATION , you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the worldwide, perpetual and royalty-free right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, ideas, and concepts for any purpose whatsoever, including but not limited to development, manufacturing, and marketing products. ICOLLECT HOLDINGS CORPORATION may, in its sole discretion, attribute such User Contributions to the posting user, as ICOLLECT HOLDINGS CORPORATION deems appropriate.
You may view, copy, print out, and use content gathered from the Website solely for your personal use, provided that (1) the content available from the Website is used for informational and non-commercial purposes only; (2) no text, graphics, or other content available from the Website is modified in any way; and (3) no graphics available on the Website are used, copied, or distributed separate from accompanying text. Nothing contained herein shall be construed as conferring by implication or otherwise any license or grant of right to use any patent, copyright, trademark, service mark or other intellectual property of ICOLLECT HOLDINGS CORPORATION except as expressly provided herein.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (”DMCA”), the following is some of the information the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
IT IS ICOLLECT HOLDINGS CORPORATION ’S POLICY TO TERMINATE THE USER ACCOUNTS OF REPEAT INFRINGERS.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the following is some of the information the Counter-Notice must include substantially the following:
- Your physical or electronic signature;
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
THE WEBSITE AND ALL INFORMATION AND RELATED MATERIALS IT CONTAINS ARE PROVIDED "AS IS." ICOLLECT HOLDINGS CORPORATION MAKES NO CLAIMS OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THE WEBSITE OR THE INFORMATION AND MATERIALS IT CONTAINS. TO THE EXTENT PERMITTED UNDER THE LAW, ICOLLECT HOLDINGS CORPORATION SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND THE INFORMATION, GRAPHICS, AND MATERIALS CONTAINED HEREIN.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ICOLLECT HOLDINGS CORPORATION OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF ICOLLECT HOLDINGS CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.