Additional Policies and Terms

There are certain additional policies, terms and conditions that apply to the use of specific portions of this Web Site, and to the purchase of products from ICON Imaging. These additional policies, terms and conditions are included as and shall be deemed to be part of these Terms and Conditions (collectively all such terms and conditions are referred to as the “Site Terms”). Please refer to and review all additional specific terms and conditions, including the following:

Privacy Statement Web Package Terms

The Site Terms apply exclusively to your access and/or use of this Web Site and do not alter in any way the terms or conditions of any other written agreement you may have with ICON Imaging.

ICON Imaging values its customers’ privacy. Please make sure you review the Privacy Statement section of this Website so that you may understand how ICON Imaging collects and uses information.

Site Terms Modification

ICON Imaging reserves the right to modify, change and/or amend the Site Terms (these Terms and Conditions and/or one, more or all of the additional terms and policies reference above) from time to time. The right to modify, change and/or amend the Site Terms is exclusive to and within the sole and exclusive discretion of ICON Imaging.

If the Site Terms are changed, modified and/or amended, ICON Imaging will post the new terms on this Website and the “last updated” date relevant to the terms and conditions containing the change will be changed. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this Website. By agreeing to these Site Terms you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these Site Terms (and each of the components thereof) each time you visit or use this Website.

If you do not agree with any change, modification or amendment ICON Imaging may make to the Site Terms you may withdraw your consent to and agreement to be bound to them by notifying ICON Imaging in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of your account and this Website. Your account will be deactivated and you and will no longer be eligible to use this Website or order further products or services from ICON Imaging. If your account is deactivated, this will not affect your responsibility for payment of jobs already competed and/or in production.

ICON Imaging may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions ICON Imaging has elected to notify you via such additional means does constitute an agreement of any kind by ICON Imaging that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.

Electronic Communication

Your use of this Website constitutes your agreement and consent that ICON Imaging may communicate with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide when you register with ICON Imaging. Your may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent it will only be effective prospectively (not for jobs already ordered or in production).

This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a “writing” or “in writing,” and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an “original” when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.

Site Use

You are being provided with a limited license to use this Website and Site Content solely for the purpose of assessing the product and service offerings on the Website, and placing orders for the products and services offered by ICON Imaging via this Website. You are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of ICON Imaging or any third party. You may not use any meta-tags or other “hidden text” utilizing ICON Imaging’s name or trademarks without ICON Imaging’s express written consent. Unless you receive ICON Imaging’s express written consent, you may not:

• resell or make any other commercial use of this Website (or any portion thereof), or the Site Content;
• modify, adapt, translate, reverse engineer, decompile, disassemble or convert into a readable format, any part of this Website or its underlying HTML or other code (except as it may be interpreted and displayed by web browser for purposes of using the Website).
• copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any Site Content (including any ICON Imaging trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
• make a derivative use of the Website and/or any Site Content; or
• utilize data mining, gathering or extraction methods such as bots, spiders, or other automated tools (whether directly or indirectly) to collect information from the Website or any user of the Website.

You agree to abide by these Site Terms and not to use the products and services offered by ICON Imaging for any improper, illegal, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of improper solicitation.

ICON Imaging may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, products and materials contained in or offered through this Website. Such actions by you may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Promotions, Special Offers and Discount Coupons

From time to time ICON Imaging may offer promotions and special offers identified by a Coupon Code. Each Coupon Code will have different requirements and rewards. Typically, you will receive a Coupon or an email that contains the Coupon Code. If you receive a Coupon or email that contains a Coupon Code, please read it carefully — all requirements stated in the Coupon or email must be met in order to receive or take advantage of the promotion or special offer. Unless otherwise stated all Coupon Codes are limited to one-time use and are limited to current ICON Imaging account holders in good standing.

Promotions and special offers may be limited to certain account holders (e.g., they may be limited to loyalty levels or the terms may vary by loyalty level).

To take advantage of a promotion or special offer, enter the Coupon Code in the applicable field when placing an order. Not all products are eligible for promotions and special offers. If a Coupon Code does not function when entered, it means the product at issue does not qualify for the promotion or special offer; this determination is final.

A Coupon Code may not be combined with any other promotion, special offer, discount or reward offered by ICON Imaging (including Rewards Points redemption). If you enter a Coupon Code or take advantage of a promotion, special offer, discount or reward (including Coupon Codes issued for Rewards Points redemption), you will not be able to enter another Coupon Code or take advantage of any other promotion, special offer, discount or reward.

Coupon Codes only apply to products ordered through ICON Imaging’s website; they may not be used in conjunction with the purchase of products sold by or under the brands of third parties (including, ICON Imaging affiliates and/or websites linked to any existing ICON Imaging website).

Coupon Codes cannot be used to pay for taxes, shipping and handling or other charges. If the promotion or special offer has a minimum purchase requirement, taxes, shipping and handling and other charges do not apply towards the minimum purchase amount.

If a promotion or special offer is for a defined amount (e.g. $10.00 off) and applies to a multiple- item order (e.g., multiple sets of business cards), it will be allocated to each eligible item based on the proportion of the item’s value to the total value of all eligible items, excluding shipping and handling, taxes and other charges. Certain items may not be eligible for the promotion and will not be included in the calculation.

Promotions and special offers are only valid for a limited time. They will expire on the date or within the timeframe specified in the offer. If no date or timeframe is specified, a promotion or special offer is valid until the end of the month is which the Coupon Code is first eligible for use.

Coupon Codes (and the Coupons or emails that contain them) are not for resale, have no independent cash value, are not redeemable for cash, and will not be replaced if lost, stolen or deleted.

Coupon Codes will not be retroactively applied against orders already placed with ICON Imaging.

The foregoing notwithstanding, under no circumstances will a promotion or special offer of any kind be applied to create a credit balance. If the balance of a partially canceled, rejected or returned order is less than the value of the promotion or special offer, the promotion or special offer will be applied to the outstanding balance (not including shipping and handling, taxes and other charges). The balance of the promotion or special offer is void, and the Coupon Code will no longer be valid.

ICON Imaging reserves the right to discontinue a promotion or special offer or coupon at any time and with immediate effect.

Payment

All prices and dollar amounts on this Website are in United States dollars. ICON Imaging presently accepts the following credit cards: VISA, MasterCard, American Express, and Discover. We reserve the right to stop accepting credit cards from one or more issuers.

Disclaimer of Warranty / Limitation of Liability

THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ICON Imaging DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE. ICON Imaging DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES AND PRODUCTS OFFERED WILL MEET THE USER’S REQUIREMENTS, OR THAT THE SERVICES AND PRODUCTS WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER. ICON Imaging IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ICON Imaging DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF ICON Imaging OR IT’S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.

IN NO EVENT SHALL ICON Imaging, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE ,UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ICON Imaging HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR PERFORMANCE OF THIS WEBSITE; (2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; (3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; (4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; (5) A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM ICON Imaging (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS; (6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR (7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

ICON Imaging, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND SHALL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO ICON Imaging (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, REWARDS POINTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE.

UNDER NO CIRCUMSTANCES WILL ICON Imaging BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.

Governing Law

The Site Terms and your use of this Website shall be governed by and construed in accordance with the laws of the State of Arizona, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website shall be filed and adjudicated only in the federal or state courts located in Phoenix, Arizona and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Site Terms and or your use of this Website. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

Indemnification

You agree that you shall indemnify and defend and hold ICON Imaging and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys’ fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from this ICON Imaging, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.

Security and Privacy

To order products from ICON Imaging it will be necessary for you to provide certain personal data or other information to this Website via the Internet and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for ICON Imaging to guarantee absolute confidentiality or security. The information ICON Imaging collects and how it that information is the subject to 4 Over’s Privacy Statement.

Termination

ICON Imaging may suspend or terminate your account and or your right to utilize the services made available through this Website in the event that it determines or has reasonable grounds to suspect that you are in violation of the Site Terms.

Notwithstanding any of these Site Terms that may suggest otherwise, ICON Imaging reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this website is terminated, these Site Terms shall still apply.