Conditions Of Use
Welcome To Xtreme Ice Control
Thanks for using our website to order all of your materials and products. We appreciate how hard it is to order materials from contractors to support your outdoor projects and it is our aim to make this as simple and painless a process as possible.
What We Do:
Xtreme Ice Control is an online products and materials company for users that treats materials and products services like products you can buy in a store. You pay for standardized units with all fees built in. There's no time consuming research to get pricing from many different vendors that might have hidden costs. Just specify your location, select and describe your desired service, choose your desired products, set your preferred schedule, confirm, and pay. We take care of the scheduling, contractor interaction, and follow-up. It's a revolutionary way to simplify your life and lower your costs. We seek out the best quality product and stand behind everything we sell.
Highlight Conditions Of Use:
Xtreme Ice Control understands how important it is for you to understand your legal rights and responsibilities as it relates to your use of our site and/or services. We spell out those rights and responsibilities completely in our Conditions of Use below. We also know that legal documents can be confusing and take time to read, so we have summarized the basics of the Conditions of Use in plain English here. Remember, the Conditions of Use are what you actually agree to when you use Xtreme Ice Control and this summary is not a substitute for reading the actual terms themselves.
Your Relationship With Xtreme Ice Control
You must follow any Conditions of Use connected with our website.
Whenever you use our site and services your actions fall under the terms of a legal contract with us.
This contract is made up of the Conditions of Use and any relationship you enter into with a us.
You can stop using our Services at any time, although we will be sorry to see you go. Sometimes you may incur fees for canceling Services if you prematurely terminate your order.
While we don't plan to discontinue any service, we reserve the right to stop providing services/products to you or to add or create new limits to our services/products at any time.
Since the services are generally performed at a physical location, we will need to share select personal information with the contractor(s) so that he/she/they can complete the Services/Products you ordered.
You agree to arbitrate any matters in Bergen County, New Jersey.
Xtreme Ice Control Relationship with You
While we cannot guarantee all services/products performed or delivered, we are committed to delivering satisfactory work/products, so help us out by promptly letting us know if there is a problem with anything you ordered.
About Your Responsibilities
Our goal is to put you back in charge of your life and business so that you are no longer at the mercy of contractors who never show up when they say they will, do not perform at the level you expect, and charge you by rule-of-thumb. With that change in accountability come some responsibilities:
You are responsible for accurately describing the services you would like performed.
You are responsible to pay for all the services you agree to receive.
You need to make sure any services are performed properly. If they are not and you do not timely report the inadequate performance of services, we cannot help you.
About Xtreme Ice Control Responsibilities
We are committed to making it as easy as possible to schedule and buy services/products, and to work with you to resolve any disputes you may have as to the quality or timeliness of service that you receive.That said, we can't guarantee that you will always be 100% satisfied with our work/products and can only ensure that the services/products you select through the Site are completed as we say they will be. Since the services will be completed on your property, obviously there are some risks associated with using our services. Xtreme Ice Control isn't responsible for incidental damage or injury that might happen to you or others or to your property as a consequence of your use of our Site or Services.
IF YOU DO NOT WISH TO BE BOUND BY THESE CONDITIONS OF USE, PLEASE EXIT THE SITE NOW AND DO NOT USE ANY OF THE SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE OR SERVICES.
Conditions of Use
xtremeicecontrol.com is a website ("Site") made available by The Xtreme Group. ("Xtreme Ice Control", "we", "us", or "our") that acts as a communications platform to help you get "Products and services" completed by facilitating communication, scoping, pricing, scheduling, payment, and dispute resolution. By using the Site or requesting us to complete any order, you are agreeing to be bound by the following terms and conditions ("Conditions of Use"). IF YOU DO NOT WISH TO BE BOUND BY THESE CONDITIONS OF USE, PLEASE EXIT THE SITE NOW AND DO NOT USE ANY OF THE SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE OR SERVICES.
These Conditions of Use are effective as of March 1, 2014, but we may change these Conditions of Use from time to time. You agree that it is your responsibility to review these Conditions of Use each time you use the Site to arrange Services and to familiarize yourself with any modifications. If you use the Site or any Services after any modifications have been made to the Conditions of Use, such use constitutes your acknowledgement and agreement to abide and be bound by the revised Conditions of Use. For questions about the Conditions of Use please email firstname.lastname@example.org
These Conditions of Use are in addition to any other agreements between you and Xtreme Ice Control, including any customer, contractor or any other agreements that govern your use of information, content, tools, products and services available on or through the Site.
Violation of any of the terms contained herein may result in the suspension or termination of your account without a right to any refund.
Xtreme Ice Control
Description of Services
Our Site is a communications platform that helps facilitate the completion of property-based Service and delivery of outdoor products (the "Services") significantly reducing the leg work that would otherwise be required for you to arrange and pay for services directly with one or more contractors. Once you select a your product or service, our Site will locate one or more contractor(s) to perform the delivery of the products or service ("Contractor") based on the timeline you designate for completion of the product or service, and will arrange with the Contractors to complete the products or service. While Xtreme Ice Control and the Site play an integral role in the completion of the products or service, Xtreme Ice Control does not physically complete any of the products or service, but instead contracts with Contractors to complete this work. Contractors are independent contractors of Xtreme Ice Control and not within our direct control. We reserve the sole right to either modify or discontinue the Site or any of the Services or features that might be available at any time with or without notice to you.
Account Information and Security
To create an account and register for Services, you must be 18 years or older, provide your full legal name, a valid email address for you, a valid phone number for you, and any other information requested to complete the signup process ("Registration Data"). The requirements for Registration Data may change from time to time, and you are required to keep your Registration Data accurate. By providing Registration Data you represent and warrant that you are not a competitor of Xtreme Ice Control. Contractors and other entities will need portions of your Registration Data to respond to your request for Service. Consequently, you expressly consent to having limited portions of your Registration Data sent to Contractors whom Xtreme Ice Control deems qualified to perform the requested Service. Disclosed portions of Registration Data include, but are not limited to, your name, contact phone number, email address, and physical address of the job location to the Contractor. By providing your information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Contractors via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, email@example.com in order that the Contractors may reasonably address matters pertaining to your service request. If at any time you would like to revoke our consent to contact you, please email firstname.lastname@example.org with the subject line "PLEASE DO NOT CONTACT ME.". You will need to notify the Contractors separately as well.
Your use of the Site may be monitored by us, and the resultant information may be used by Xtreme Ice Control for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization
You are the sole authorized user of your account. You are solely and fully responsible for maintaining the confidentiality of your account information, including your account password. Therefore, you must take steps to ensure that others do not gain access to your password and account. You are also responsible for all activities that occur in connection with your account. If you suspect that any unauthorized party is using your account, you agree to notify us immediately. Also, you may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
Payment for Services
When you visit our Site and select a product or service, the Site will generate a cost for completion of the product or service based on information you provide through the Site related to the job. For these requested Services/products, you agree to pay us the applicable fees indicated to you through the Site. All fees for Services must be paid to Xtreme Ice Control through the Site in advance of completion of a product or service. If the information you input is inaccurate, we reserve the right to later increase the bid and the cost of the Services to reflect the actual conditions of a job or service. We reserve the right to increase a Service's fees or institute new charges upon reasonable notice to you
Acceptance of Services
When a product or service has been completed it will be deemed earned by Xtreme Ice Control and will not be subject to refund. Alternatively, if you do not dispute a Service by 5:00 p.m. (Eastern Standard Time) two (2) business days following the day the Service or product was delivered is completed as indicated, the Service will be deemed to have been completed to your satisfaction and your payment to Xtreme Ice Control will be deemed earned in full. All payments for Services must be paid through the Site.
Method of Payment
After selecting a product or service we will charge your selected payment method for all costs, fees, or expenses associated with the selected product or service. You hereby authorize us to charge your selected payment method for such amounts. Although all payments made to Xtreme Ice Control are generally non-refundable, we, in our sole discretion and in exceptional circumstances, per our Quality Assurance Policy, may nevertheless refund the cost of the product or services or credit your account if the selected products or services is unperformed or canceled before it can be performed, or is not performed to your satisfaction.
The following behavior or acts are strictly forbidden on the Site and may result in immediate account termination:
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Xtreme Ice Control user, employee, member, officer, or Contractor;
Use of our Sites, or of the Services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
Circumvention or manipulation of our fee structure, the billing process, or fees owed to Xtreme Ice Control ;
Using the Site for any purpose prohibited by applicable law;
Any use that interferes with or disrupts the Site or any servers or networks that host or provide the Site;
Use or our Site to compete with our business and services;
Copying, modifying or distributing rights or content from the Xtreme Ice Control Sites, or Xtreme Ice Control copyrights and trademarks; or
Harvesting or otherwise collecting information about users, or contractors, including email addresses, without their consent, or any confidential or proprietary information of Xtreme Ice Control, including without limitation its pricing structure, photos, links, text, data, content, Contractors or any other Site information.
Cancellation and Termination
You are bound by these Conditions of Use at all times while you use the Site or any Services. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site or Services with or without notice and for any reason, including, without limitation, breach of these Conditions of Use, abuse of the Services, or past due payments. If Xtreme Ice Control terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund even if you have prepaid for certain Services. In addition to terminating or suspending your account, Xtreme Ice Control reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Furthermore, any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension
To cancel an account, please send a written notice of termination to 12 E. Ramapo Ave #386, Mahwah, NJ 07430 or email notice of termination to email@example.com. If you terminate your account, your account will be disabled within 14 days. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Contractors Are Not Xtreme Ice Control Employees
Products or services you select to be completed through the Site are completed by third party Contractors assigned to your job by the Site. You are not required to work with the Contractor assigned to you through the Site and may reject the Contractor and have the Site identify an alternative Contractor to complete the job, provided however, that you reject the Contractor prior to the Contractor's timely commencement of your Task. We are not an employment service and none of the Contractors are employees of Xtreme Ice Control. Additionally, no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
When Contractors register with the Site, they are required to input information and to make representations and warranties to Xtreme Ice Control that they have all necessary licensing to complete the tasks with which the Contractor is associated on the Site; that the Contractor's state filings are current; that neither the Contractor nor any of its employees and agents has been convicted of a felony within the past three years, ever been convicted of a sex offense, and is not listed on any sex offender registry; that there are no civil judgments against Contractor; and that the Contractor (either alone or with Xtreme Ice Control general liability insurance) has adequate insurance coverage to help protect you. The background check is currently a "self-reporting" system and Xtreme Ice Control is not responsible for verifying the information provided by any Contractor; provided, however, Xtreme Ice Control reserves the right to do so. Xtreme Ice Control may require, but is not obligated to require, each Contractor to provide proof to support its representations and warranties and to update those materials at least annually to maintain an account on the Site. Xtreme Ice Control does not guarantee or warrant the information any Contractor submits.
Xtreme Ice Control is committed to resolving disputes arising out of or relating to the completion and quality of the Tasks. As such, Xtreme Ice Control has adopted a Quality Assurance Policy that can be viewed here. You agree to resolve all disputes by according to Xtreme Ice Control Quality Assurance Policy and agree that the timelines and procedures set forth therein are fair and reasonable. For the avoidance of doubt, the Quality Assurance Policy is incorporated into these Conditions of Use by reference. You further agree that before taking any legal action against Xtreme Ice Control or a Contractor, you must have first exhausted all of your remedies available to you under the Quality Assurance Policy. Any disputes should be submitted through your account on the Site. We expressly reserve the right to deny any submitted claim within our sole discretion for whatever reason.
Xtreme Ice Control Release
Because Xtreme Ice Control is not involved in the physical services rendered to complete a product or service, you hereby release Xtreme Ice Control. (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including without limitation, damage to person or property, arising out of or in any way connected with the physical performance of the Services or delivery of a product. You also agree that you will not commence any action, lawsuit, or other proceeding against Xtreme Ice Control (or any of its principals, officers, or employees) for disputes, claims, or actions arising out of or relating to physical performance of the Services or delivery of products rendered by a Contractor to complete a Task requested through the Site, or damages to any person or property resulting from a Contractor.
Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause
Informal Resolution: All disputes between you and Xtreme Ice Control will initially be addressed by a Xtreme Ice Control customer service representative. If the representative is unable to resolve the dispute within five (5) business day(s) (or any other agreed upon timeframe), the dispute will be referred to the Xtreme Ice Control customer service manager. The manager may, if both parties agree, meet to resolve the dispute, but if they are unable to resolve the dispute then (regardless of whether a meeting occurs) ten (10) business days after referral (or such other period as the parties may agree), the parties may pursue other remedies consistent with these Conditions of Use.
Binding Arbitration: Should any dispute, demand, count, claim, or cause of action (or part thereof) (collectively "dispute(s)") related in any way to these Conditions of Use, the Site, the Services, a Contractor, damages resulting from a Contractor, or the validity of these Conditions of Use remain between the parties after completion of the process described above, such dispute will be resolved exclusively through final and binding arbitration in New Jersey under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures"), provided that to the extent any such rule conflicts with the provisions of this Section, this Section shall control.
By agreeing to these Conditions of Use, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this agreement. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Xtreme Ice Control must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and Xtreme Ice Control, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator's ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR XTREME ICE CONTROL MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Xtreme Ice Control will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) Xtreme Ice Control also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/ customer; and (j) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees' and litigation expenses.
Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Hackensack, New Jersey. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Hackensack, New Jersey in order to maintain the status quo pending the arbitrator's ruling, and hereby agree to submit to the personal jurisdiction of the courts located within Hackensack, New Jersey for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Xtreme Ice Control shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between Xtreme Ice Control and you shall be exclusively brought in the state or federal courts located in Hackensack, New Jersey.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at800-778-7879 or visit the AAA website at http://www.adr.org
THE PARTIES HAVE KNOWINGLY CHOSEN ARBITRATION AS AN ALTERNATIVE TO PROCEEDINGS IN COURT AND THEY SPECIFICALLY WAIVE THEIR RIGHTS TO PROCEED BY ANY MEANS BEFORE A COURT OTHERWISE HAVING JURISDICTION OF ANY DISPUTE BETWEEN THEM, EXCEPT TO THE EXTENT NECESSARY FOR INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF OR AS PROVIDED ABOVE.
You acknowledge that Xtreme Ice Control may be irreparably damaged if these Conditions of Use are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Conditions of Use by you, Xtreme Ice Control shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post any bond or other security, and/or to a decree for specific performance of the provisions of these Conditions of Use.
Site Content and Use
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible to assure that your use of the Site is in compliance therewith. Your use of the Site is at your sole risk and is provided on an "as is" and "as available" basis. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site without the express written permission of Xtreme Ice Control. The Site and Services may not be used in connection with promoting anything, which in Xtreme Ice Control sole discretion is, harmful, hateful, obscene, or unlawful. You must not use the Site or Services to transmit any worms, viruses or any code of a destructive nature.
You are solely responsible for the user Content that you publish or display on the Site, or transmit to other users. The Site may contain communication features that allow Users to communicate with other users, Contractors, or Xtreme Ice Control to rate the Services, request new features, provide feedback, or provide a discussion forum. Without limitation, you may not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information (collectively "User Content"), that:
is unlawful, threatening, abusive, harassing, defamatory, offensive, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
impersonates any person or entity, including any of our employees or representatives; or
take any action to circumvent, manipulate, or undermine any feedback or ratings systems.
We neither endorse nor assume any liability for any User Content. However, we and our agents have the right in our sole discretion to remove any User Content that, in our judgment, does not comply with these Conditions of Use or any other rules of user conduct for the Site or Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of User Content.
The Site may provide links to certain Internet sites (the "Additional Sites") sponsored and maintained by third parties. Xtreme Ice Control is providing such links solely as a convenience to you. Accordingly, Xtreme Ice Control makes no representations concerning the content of the Additional Sites. The fact that Xtreme Ice Control has provided a link to the Additional Sites does not constitute an endorsement, authorization, sponsorship, or affiliation by Xtreme Ice Control with respect to the Additional Sites, their owners or providers. Xtreme Ice Control has not tested any information, software, or products found on any of the Additional Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Additional Sites, or the suitability or appropriateness of the products or transactions described therein. Xtreme Ice Control will not be liable for any loss or damage which may be incurred by you as a result of the availability of the Additional Sites.
Xtreme Ice Control owns and retains all proprietary rights in the Site. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Xtreme Ice Control. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting anything from the Site without Xtreme Ice Control express prior written consent. You may download or print a copy of information provided on the Site for your personal, internal and non-commercial use only. Accordingly, you may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, video, audio, software code, user interface design or logos. Any distribution, reprint or electronic reproduction of any content from the Site in whole or in part for any other purpose is expressly prohibited without the prior written consent of Xtreme Ice Control. You will not remove, obscure or alter any proprietary rights notices contained in the Site.
We claim no intellectual property ownership rights over the material you create, upload to, or post on the Site. While Users retain all rights to their user Content, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such materials for any purpose regardless of the form or medium (now known or not currently known) in which it is used, including but not limited to display on the Site for the purpose of demonstrating how our Services can be used, enjoyed, or consumed. You shall be solely responsible to make and retain any copies of the User Content you need for your purposes before your account is terminated. You will not use any trademark, service mark, trade name, logo or any intellectual property that you do not own in connection with the Site.
Access and Interference
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site, without the express written consent of Xtreme Ice Control, which may be withheld in the sole discretion of Xtreme Ice Control;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engines and search agents available through the Site and other than generally available third-party web browsers (such as Internet Explorer); or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site.
You hereby grant to Xtreme Ice Control, and those acting pursuant to its authority, the absolute right and permission to: (a) record work done pursuant to a product or service, including your property, on videotape, audiotape, film, photograph, electronic medium or any other medium (the “Recordings”); and (b) exhibit or distribute any Recordings in whole or in part without restrictions or limitation for any advertisements, promotions, reprints or other purposes which Xtreme Ice Control, and those acting pursuant to its authority, deem appropriate. You further grant to Xtreme Ice Control the right to copyright such Recordings in its own name or to publish, to market and to assign without further consideration, compensation or report to you. You hereby waives any rights or interests that you might have in the Recordings, including any rights to inspect and/or approve the finished Recordings or the use of which may be applied so long as its use shall be lawful. You expressly release, discharge and agree to hold harmless Xtreme Ice Control, its officers, representatives, agents, employees and assigns from and against any and all claims, demands and causes of action which you might have arising from any actual or alleged violation or infringement of any trademark, trade name, contract, agreement, copyright (common law or statutory), patent, invasion of privacy, defamation, or any other cause of action arising out of the production, distribution and exhibition of the Recordings.
If you believe that certain content that is being displayed on the Site violates your intellectual property rights or rights of others, please send a signed statement to the Designated Agent listed below that (a) identifies the infringing content in enough detail that we can identify it, (b) identifies the work the particular content infringes, (c) provides us your contact information, (d) includes the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law," (e) includes the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Designated Agent for Claimed Infringement:
Contact: The Xtreme Group
Address: 12 E. Ramapo Ave #386, Mahwah,NJ 07430
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Exclusion of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES (THOSE PROVIDED BY CONTRACTORS) IS AT YOUR SOLE RISK AND THAT THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT A CONTRACTOR MAY CAUSE TO ANY PERSON OR PROPERTY DURING THE PERFORMANCE OF ANY SERVICES. YOU AGREE THAT IF A CONTRACTOR DOES CAUSE INJURY TO YOUR PERSON OR PROPERTY THAT YOU WILL NOT CAUSE ANY CLAIM, OR ACTION TO BE BROUGHT AGAINST XTREME ICE CONTROL, BUT THAT YOU WILL LOOK SOLELY TO THE CONTRACTOR FOR THE RECOVERY OF ANY DAMAGES.
WE ALSO MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES PURCHASED OR OBTAINED BY YOU FROM A CONTRACTOR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, (E) THE SERVICES PROVIDED ARE AT THE LOWEST RATE AVAILABLE FROM US OR ANY THIRD PARTY, (F) THE CONTENT OF THE SITE WILL BE ACCURATE, RELIABLE OR COMPLETE OR (G) THE SITE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT XTREME ICE CONTROL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COVER, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XTREME ICE CONTROL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE A SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR THROUGH THE SITE; (III) OR ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY CONTRACTOR; (IV) OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
XTREME ICE CONTROL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH XTREME ICE CONTROL DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to defend, indemnify, and hold Xtreme Ice Control. and our affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, against us, that arise from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
If any portion of these Conditions of Use are deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Conditions of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Conditions of Use that is unlawful, void or unenforceable shall be stricken from these Conditions of Use. All covenants, agreements, representations and warranties made in these Conditions of Use, as may be amended by Xtreme Ice Control from time to time, shall survive your acceptance of these Conditions of Use and the termination of these Terms. Any waiver of any provision of these Conditions of Use must be in writing.
All approved credit account are due NET 30 following the date of purchase. Past due accounts will be charged 1.5% (one and one half percent) interest per month (18% annum). Customers herby agrees to pay reasonable attorney's fees and other collection costs incurred at collection.
Xtreme Ice Control relies solely on delivery instructions provided by the customer and makes every reasonable effort to make the delivery within the window of time requested.
Private Property Damage Waiver
Xtreme Ice Control is not responsible for any damages to the customers property when delivery is made per customers request after the delivery vehicle leaves a state maintained road. Additionally, the customer agrees to pay any truck towing expense incurred if were asked to unload in a location our driver determines to be unacceptable