WEBSITE TERMS AND CONDITIONS OF USE
YOUR ACCESS AND USE OF THE WEBSITE ICEBARREL.COM AND OTHER INTERNET SITES, MOBILE APPS, AND SOCIAL MEDIA SITES (COLLECTIVELY, THE “SITES”) IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS OF USE CAREFULLY.
BY ACCESSING, BROWSING, OR USING THESE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS, BROWSE, OR USE THESE SITES OR THE CONTENT OR SERVICES HEREON.
CERTAIN PORTIONS OF THESE SITES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS SPECIFIED BY US FROM TIME TO TIME; YOUR USE OF THESE SITES IS SUBJECT TO THOSE ADDITIONAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED INTO THESE TERMS OF USE BY THIS REFERENCE.
Ice Barrel Inc., together with its subsidiaries, are collectively referred to in these Terms of Use as “Ice Barrel,” “we,” “us,” “our,” or other similar pronouns.
I. Privacy Policy
We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information is set forth in our Privacy Policy. Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Use includes your assent to our Privacy Policy.
II. Scope
If you purchase any of our products through our Sites, any such purchase shall be exclusively governed by our sales terms and conditions (“Sales Terms”) and you agree, without limitation, to comply with such Sales Terms, including the Assumption of Risk Waiver, Release of Liability and Indemnification Agreement, all of which are incorporated herein by reference.
These Sites are not intended or designed to attract children under the age of 13. If you are under the age of 13, you may not use the Sites. If you are a minor age between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Sites and the User Content (as defined below), including all legal liability he or she may incur. By using these Sites and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
III. Medical Disclaimer
You expressly acknowledge and agree that we and these Sites do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The content of these Sites may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on these Sites for diagnosing a health problem or disease. Prior to participating in any program, workout, training, course, activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed on these Sites, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs discussed on these Sites can be strenuous and should be scaled or done in moderation.
There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with us or these Sites are at your sole discretion and risk.
Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by us, others appearing on the Sites at our invitation, or other visitors to the Sites is solely at your own risk.
IV. Use of Sites
All content on these Sites and otherwise available through these Sites, including designs, logos, artwork, text, graphics, images, data, information, software, music, sounds, interactive features, video, audio and other files, and all other copyrightable or otherwise legally protectable elements of the Sites, including, without limitation, their selection, compilation and arrangement, is owned by us or our licensors. No Site content may be modified, distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, licensed, bartered, leased or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use or as expressly authorized in writing by us.
You may not publish or otherwise distribute Site content, including via the Internet, any social media platform or network or any intranet or extranet site, or incorporate this Site content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site content. Any use of these Sites or the Site’s content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of these Site and the Site’s content granted herein. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Sites. In some cases the copyright or publicity rights for content on these Sites may be held by someone other than us, and permission to use such materials must be requested from the copyright or publicity rights owner, as applicable. All rights of Ice Barrel or its licensors that are not expressly granted in these Terms of Use are reserved to Ice Barrel and its licensors.
V. Links to and from these Sites
Unless otherwise notified by us, you are free to link to these Sites so long as you make it clear that (a) the linked content belongs to Ice Barrel; (b) such content is not your own; and (c) the originating website makes no claim of owning, being related to or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, Ice Barrel. These Sites may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Such third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through these Sites or any third party content posted on or available through these Sites, including the content, accuracy, advice, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party content. Inclusion of, linking to or permitting the use of any third party site or any third party content does not imply approval or endorsement thereof by us. If you decide to leave these Sites and access the third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from these Sites or relating to any applications you use or install from these Sites.
VI. Trademarks; Copyright and Content
“Ice Barrel” logo and other Ice Barrel graphics, logos, slogans, tag lines, designs, page headers, button icons, scripts and service names are the trademarks, service marks, trade names of Ice Barrel in the U.S. and other countries. Unless expressly authorized by us in writing, you may not use Ice Barrel trademarks, including as part of trademarks, business names, doing business as names and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Ice Barrel endorses any product or service. You may not reproduce or use Ice Barrel’s trademarks without the prior written permission of Ice Barrel. Nothing contained on these Sites should be understood as granting you a license to use any of the trademarks, trade names, service marks, taglines, or logos owned or licensed by Ice Barrel or by any third party.
The contents of these Sites are protected by copyright under United States and foreign laws. Title to the content of these Sites remains with Ice Barrel or its licensors. Any use of such content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Ice Barrel. All rights not expressly granted herein are reserved to Ice Barrel and its licensors.
VII. No Warranties
ICE BARREL AND ICE BARREL’S RELATED ENTITIES AND SUBSIDIARIES, INCLUDING ENTITIES IT OWNS, CONTROLS OR IS UNDER COMMON CONTROL WITH, ICE BARREL’S THIRD PARTY PROVIDERS, ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT, SOFTWARE OR SERVICES CONTAINED ON THESE SITES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “ICE BARREL PARTIES“) HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE ICE BARREL PARTIES ARE MAKING THESE SITES (INCLUDING WITHOUT LIMITATION, THE SITE’S CONTENT AND ANY SOFTWARE) AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THESE SITES, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ICE BARREL PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THESE SITES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE ICE BARREL PARTIES DO NOT WARRANT THAT THESE SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THESE SITES WILL BE UNINTERRUPTED, SECURE, BUG-FREE OR ERROR-FREE; NOR DO THE ICE BARREL PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITES.
SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS “NO WARRANTIES” SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THESE SITES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
VIII. Accuracy & Completeness
Due to constant advances in technology and medicine, the possibility of typographical error, readers are encouraged to confirm the information contained herein with other sources. Corrections and additions will be made only as allowed by the availability of time and resources. The accuracy and timeliness of the information on these Sites cannot be guaranteed.
ALTHOUGH CARE HAS BEEN TAKEN IN PREPARING THE CONTENT, ALL INFORMATION, SERVICES AND CONTENT THAT IS PROVIDED HERE OR COULD BE REACHED BY USING THESE SITES AS A STARTING POINT IS PROVIDED TO YOU “AS-IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOU AGREE THAT ACCESS TO AND USE OF THE SITE AND THE INFORMATION, SERVICES AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK. NEITHER ICE BARREL NOR ANY AUTHOR OR SUPPLIER CONTRIBUTING TO THESE SITES IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, SERVICES OR CONTENT.
IX. Limited Liability
NEITHER ICE BARREL, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THESE SITES AND ANY CONTENT THEREON SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO (I) THE USE OF, OR INABILITY TO USE THESE SITES OR ANY INFORMATION, SERVICES OR CONTENT AVAILABLE THEREON OR WHICH CAN BE REACHED BY USING THESE SITES AS A STARTING POINT, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, OR (III) ANY ERRORS OR OMISSIONS IN THE INFORMATION, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ICE BARREL, ANY PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THESE SITES OR ANY INFORMATION, SERVICES OR CONTENT THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AND DISABILITY AS WELL AS DAMAGES TO PERSONAL PROPERTY.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY ICE BARREL PURSUANT TO THESE TERMS OF USE, OR IN ANY OTHER WAY CONCERNING THESE SITES, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THESE SITES.
X. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ICE BARREL AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THESE SITES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, STAFF, AGENTS, LICENSORS, LICENSEES, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY AND ACCOUNTING FEES, RESULTING FROM (I) YOUR VIOLATION OF THESE TERMS OF USE, (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT, TRADEMARK, PROPERTY, PUBLICITY OR PRIVACY RIGHT, (III) ANY CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY, (IV) THE BREACH BY YOU OF ANY REPRESENTATIONS, WARRANTIES AND/OR COVENANTS CONTAINED HEREIN OR (V) YOUR USE OF THESE SITES.
XI. Severability/Waiver
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use.
XII. Modifications
We may, in our sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify these Sites, including the Privacy Policy; or (c) discontinue these Sites (in whole or in part) at any time. We shall post any revision to these Terms of Use to these Sites, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on these Sites periodically to be aware of any revisions. You agree that, by continuing to use or access these Sites following notice of any revision or the posting of any revision, you shall abide by any such revision. When we change the Terms of Use or Privacy Policy in a material manner, we will update the ‘last modified’ date at the bottom of this page.
XIII. Complete Agreement
Except as expressly provided in any particular “legal notice” found on these Sites, these Terms of Use, Sales Terms and our Privacy Policy constitute the entire agreement between you and Ice Barrel with respect to the use of these Sites and the content therein.
XIV. For Additional Information
If you have any questions about these Terms of Service, please contact info@icebarrel.com.
Last Modified Date of these Terms of Use JULY, 2023.