UNDER NO CIRCUMSTANCES SHALL Icy Media, Icy Health, ITS AFFILIATES, AND ITS AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY
(A) AS A PUBLISHER OF INFORMATION:
(B) FOR ANY INCORRECT OR
(C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA:
(D) FOR STATEMENTS OR
CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES:
OR (E) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE. ON BEHALF OF OUR AND OUR AFFILIATES’ DIRECTORS. OFFICERS.
EMPLOYEES. AGENTS. SUPPLIERS. LICENSORS. AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF
WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING. WITHOUT LIMITATION. ANY DIRECT, INDIRECT, GENERAL, SPECIAL. PUNITIVE.
- INCIDENTAL, OR CONSEQUENTIAL DAMAGES:
- LOSS OF USE:
- LOSS OF DATA:
- LOSS CAUSED BY A VIRUS:
- LOSS OF INCOME OR PROFIT:
- LOSS OF OR
DAMAGE TO PROPERTY:
- CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, YOU ASSUME TOTAL
RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY
OTHER BASIS. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU, THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON. THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS (SI0.00). YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR THE SERVICES PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICES.
to the fullest extent permitted by the laws of such applicable jurisdictions.
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Other Information on Content Providers
- The Website and our channels may distribute content supplied by other information content providers such as non-staff contributors and commenters. We use these providers to enhance your experience on the Website and our channels. We are not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by Icy Health.
Pursuant to the principles of 47 U.S.C.§ 230 and the Berne convention, we are not the publisher of such information and are therefore not liable for any delays, inaccuracies, errors, or omissions in such Content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website or our channels and assumes no duty to monitor the Website or our channels for inappropriate or inaccurate Content. Neither Icy Health nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation arising from such Content. Notwithstanding the foregoing, Icy Health reserves the right to remove information provided by other information content providers at any time in its sole discretion.
Canadian Notice and Notice Requests
- Icy Health respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or is aware of any infringing material placed by any third party on the Website, please contact us at email@example.com. We will need the following to entertain your claim:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work that is claimed to have been infringed;
- Identification of the material that is claimed to be infringing;
- Your contact information, including address, telephone number, and e-mail address;
- A statement that you, the complaining party, have a good-faith belief that the subject in question in use is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will terminate user accounts who are found violating copyright repeatedly.