TERMS AND CONDITIONS INCLUDES ALL ICON SHOES WEBSITES
ACCESSING, BROWSING OR OTHERWISE USING ANY SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting our sites under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Icon Shoes hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Icon Shoes in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Site or any portion of it unless expressly permitted by Icon Shoes in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Icon Shoes in advance. Icon Shoes reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Icon Shoes believes that customer conduct violates applicable law or is harmful to Icon Shoes’ interests.
You shall not upload to, distribute, or otherwise publish through any Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Canadian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Icon Shoes may assign you a password and account identification to enable you to access and use certain portions of the Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Icon Shoes has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Icon Shoes of any unauthorized use of your password or identification or any other breach or threatened breach of the Site’s security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this agreement or on the site, anything that you submit or post to any site and/or provide Icon Shoes, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and Icon Shoes, Inc shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Icon Shoes and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to any site, you also grant Icon Shoes, Inc the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on the Site and that use of your reviews, comments, or other Content by Icon Shoes will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Icon Shoes, Inc or third parties as to the origin of any Submissions or Content. Icon Shoes, Inc may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
COPYRIGHT AND PATENTS
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Icon Shoes or its content suppliers. The collection, arrangement, and assembly of all content on the Site (the “Compilation”) belongs exclusively to Icon Shoes. All software used on the site (the “Software”) is the property of Icon Shoes or its Software suppliers. The content, the compilation and the software are all protected by the Canadian and international copyright laws.
ICON, Icon Shoes, and Handbags and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Icon Shoes, its suppliers, or third parties. The use of any Icon Shoes trademark or service mark without Icon Shoes express written consent is strictly prohibited. You may not use any Icon Shoes trademark or service mark in connection with any non- Icon Shoes product or service or in any way that is likely to cause confusion. You may not use Icon Shoes trademarks or service marks in any manner that disparages or discredits Icon Shoes. You may not use any of the Icon Shoes trademarks or service marks in meta tags without the prior explicit consent of Icon Shoes.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon Icon Shoes delivery of the items to the carrier pursuant to Icon Shoes standard terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Icon Shoes may, without prior notice to you, immediately terminate the agreement or revoke any or all of your rights granted under this agreement. Upon any termination of this agreement, you shall immediately cease all access to and use of the Site and Icon Shoes shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The sites may be accessed from countries other than Canada. The sites may contain products or references to products that are not available outside of Canada. Any such references do not imply that such products will be made available outside of Canada. If you access and use any Site outside of Canada, you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THE SITE, A COPY OF WHICH YOU MAY ACCESS ON ANY OF OUR WEBSITES IN FAQ (and on the web pages to which that webpage links), THE SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY ICON SHOES ON AN “AS IS” BASIS. ICON SHOES WEBSITES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE SITES EXCEPT AS PROVIDED IN THE FAQ (and on the web pages to which that webpage links). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ICON SHOES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. ICON SHOES WEBSITES DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ICON SHOES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICON SHOES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ICON SHOES DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO ICON SHOES’ LIABILITY. ICON SHOES ASSUMES NO LIABILITY ARISING FROM THE USE OF PRODUCT SOLD TO THE CUSTOMER.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Icon Shoes shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Icon Shoes shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Icon Shoes shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Icon Shoes is not responsible for the operation of or content located on or through any such site.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Icon Shoes with the written information specified below. Please note that this procedure is exclusively for notifying Icon Shoes that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the Icon Shoes, owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You agree that Icon Shoes remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Icon Shoes shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Icon Shoes may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of Icon Shoes shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees, and expenses.
No instance of waiver by Icon Shoes of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waivers.
This site is created and controlled by Icon Shoes in the province of Saskatchewan, Canada. As such, the laws of the province of Saskatchewan will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
Please send any questions or comments regarding this site to:
102041216 Saskatchewan Ltd.
dba Icon Shoes
Bay 1, 139-105th Street East
Saskatoon, Sask., Canada, S7N1Z2