Terms & Conditions

TERMS AND CONDITIONS FOR INFORMATION CONTROLS, INC.

 

Introduction

These Website Standard Terms and Conditions (“Terms”) written on this webpage shall manage your use of our website, Information Controls, Inc. (“ICI”), accessible at www.icico.com or www.informationcontrols.com.

These Terms will be applied fully and affect your use of this Website. By using this Website, you agree to accept all terms and conditions written in here. You must not use this Website and navigate away from this Website if you disagree with any of these Terms.

Minors or people younger than 18 years old are not allowed to use this Website.

Intellectual Property Rights

Other than the content you own, under these Terms, ICI and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Your Content

Should Your Content be submitted to or displayed on our Website, “Your Content” shall mean any audio, video, text, images or other material you choose to submit to or display on this Website. By submitting or displaying Your Content, you grant ICI, its directors, officers, employees, partners and affiliates a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. ICI reserves the right to remove any of Your Content from this Website at any time without notice.

DMCA Notices

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify ICI as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on this Website by submitting a specific URL;
  4. Information reasonably sufficient to permit ICI to contact you, such as your address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Information Controls, Inc.

PO Box 7147

Rockford, IL 61126

Attn: Director of Operations

E-Mail: [email protected]

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you and ICI may further restrict access by you to any areas of this Website, at any time, in its absolute discretion. Any user ID and password you may have for this Website are confidential. You must not share these user ID and password and maintain confidentiality as well.

No warranties

THIS WEBSITE AND THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ICI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. ICI PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION ON THIS WEBSITE WITHOUT NOTICE. ICI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE.  ALSO, NOTHING CONTAINED ON THIS WEBSITE SHALL BE INTERPRETED AS ADVISING YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL ICI BE LIABILE BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR THIS WEBSITE NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL ICI NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND/OR AFFILIATES SHALL BE HELD LIABLE FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ICI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ICI, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND AFFILIATES, SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ICI, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW.

Indemnification

You hereby agree to defend, indemnify and hold harmless ICI and its affiliates, and their officers, directors, employees, agents, affiliates, successors, and assigns, from and against any and all claims, damages, losses, liabilities, judgments, settlements, penalties, fines, awards, costs and expenses, including attorneys’ fees, arising from or related to your use of this Website, or in any way related to your breach of any of the provisions of these Terms.

Severability

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Variation of Terms

ICI is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The Information Controls, Inc. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between ICI and you in relation to your use of this Website, and supersede all prior agreements and understandings, unless set forth in a separate agreement concerning the provision of products and services by ICI and/or ICI’s Privacy Policy.

Governing Law, Jurisdiction & Dispute Resolution

THESE TERMS WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE USE OF THIS WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN A COURT OF LAW, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.  ARBITRATION SHALL TAKE PLACE IN COOK COUNTY, ILLINOIS, AND UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. FOR ANY DISPUTES THAT ARE NOT SUBJECT TO THIS ARBITRATION CLAUSE, YOU SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS.

ANY DISPUTE OR CLAIM AGAINST ICI ARISING OUT OF THE WEBSITE OR THE TERMS OF THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE OF ACCRUAL OR IT WILL BE DEEMED WAIVED. THIS PROVISION MAY SHORTEN THE STATUTE OF LIMITATIONS IN YOUR JURISDICTION, SO PLEASE TAKE NOTICE.

 

Web Accessibility Policy

ICI is committed to providing individuals with disabilities access to information on ICI’s services and other features offered through this Website. Content contained within the PDF documents that are linked to the Website website can be provided in alternative formats to help ensure access for as wide an audience as possible.

Although ICI endeavors to meet WCAG standards, it is not always possible to do so in all areas of the website and within associated digital content due to reliance on third parties or technical or usability limitations. If you experience barriers to access to any part of this Website, please let us know by emailing [email protected] or calling 1-800-962-0102. Please be as specific as possible in your description of the problem(s) encountered as well as the location (Page Name, Heading and/or URL) on this Website and provide your full contact information and preferred method of contact.