Terms & Conditions

 

Terms & Conditions

 

INTRODUCTION

 

These Icaria Website Terms and Conditions (hereinafter these “Terms” or these “Terms and Conditions”) written on this webpage shall govern your use of the Icaria website accessible at https://www.icaria.co/, including all pages within this website (collectively referred to herein as “Website”) and are a legal agreement between you (referred to herein as “You”, “Your” or “User”) and Icaria (referred to herein as “Company” or “We”).

 

ACCEPTANCE OF TERMS THROUGH USE

 

By accessing or using this Website You accept and agree to the Terms and Privacy Policy and any other Company’s terms as may be specified herein. These Terms will be applied fully and affect to your use of this Website. Please read these Terms carefully before accessing, using or obtaining any materials, information, products or services. If you do not agree to these Terms please do not use this Website.

 

YOU MUST BE OVER 19 OR OLDER TO AGREE TO THESE TERMS AND USE THIS WEBSITE.

 

This Website may only be used by residents of Canada. If you use this Website outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws. If you are not yet 19 or are accessing this Website from any country where this material is prohibited, please exit now as you do not have proper authorization and your continued use of the Website will be in violation of these Terms.

 

YOUR USE

 

This Website and all its contents are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the contents and other downloadable materials displayed on this Website for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Website or in the contents. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Website or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited.

 

PROHIBITED ACTIONS

 

As a condition of use, you promise not to use the Website for any purpose that is unlawful or prohibited by these Terms or any applicable law, or any other purpose not reasonably intended by the Company.

 

Additionally, you agree that you will not in whole or in part:

 

(i) use or access the Website in a manner that: (a) violates any applicable laws; (b) violates the rights of any third party; (c) purports to subject the Company to any other obligations; or (d) for any purpose not specifically permitted in these Terms;

 

(ii) rent, lease, sell, resell, loan, assign, sublicense, license, copy, distribute or otherwise commercially exploit, or otherwise transfer rights to use the Website or its content;

 

(iii) cause or permit decompilation, reverse assembly, reverse engineering or otherwise attempt to discover the source code of all or any portion of the Website or the Company’s Intellectual Property;

 

(iv) access or use the Website in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Website, or (c) copy any ideas, features, functions or graphics of the Website and Company’s Intellectual Property or modify, adapt, translate, or otherwise create derivative works based upon the Website;

 

(v) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

 

(vi) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

 

(vii) bypass any measures the Company may use to prevent or restrict access to the Website. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

 

(viii) delete, fail to reproduce or modify any patent, copyright, trademark or other proprietary rights notices, legends, or labels which appear on the Website.

 

Without limiting the foregoing, You shall at all times comply with these Terms and Privacy Policies, as may be amended at the sole discretion of the Company, and furthermore may not use the Website to: (a) send spam or otherwise send duplicative or unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates a third party's privacy rights.

 

SITE CONTENTS

 

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Website (collectively, the "Contents") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to the Company or its respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of the Company and is also protected by Canadian, U.S. and international copyright laws.

 

Permission to use the Contents is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Website are used separate from accompanying text.

 

You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Contents or enforce limitations on use of the Website or the Contents therein.


We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

We reserve the right to modify the Contents of this Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on the Website or on the product that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified or updated.

 

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or through this Website, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") you grant the Company a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the Comments however the Company desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way. You hereby waive all your moral rights in the Comments for the benefit of the Company and its successors, assigns and licensees.

For this reason, we ask that you not send us any Comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You grant the Company the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates for all claims resulting from or relating to any Comments you submit.

 

INTELLECTUAL PROPERTY

 

The Company (or its licensors) shall retain all Intellectual Property rights in and to all of the Company’s business, information, technology and other proprietary materials, including but not limited to the Website and the products, (including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes, structure, sequence, organization, "look and feel", images, text, graphics, illustrations, data and know-how contained therein, all modifications, alterations, updates, upgrades, and enhancements thereof, all documentation and manuals related thereto and all other aspects of such technology or product) or any derivatives thereof, the name “Icaria” or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by the Company and made available to You through the Website or otherwise (“Intellectual Property”).


Except as specified herein, You do not acquire any rights, express or implied, in the Website, including all upgrades, modifications, new versions and releases and have no right to commercialize or transfer the Website, in whole or in part. No license, right or Intellectual Property Right in any Company’s trademark, trade name or service mark is granted pursuant to these Terms.

 

THIRD PARTY MATERIALS AND LINKS

 

The Website may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By accessing or using the Website, You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. The Company doesn’t warrant or endorse such Third Party Materials and the Company doesn’t assume, and will not have, any liability or responsibility to You or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to You and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service.

 

The Company makes no representation that such services and Third Party Materials are appropriate or available for use on any particular location. To the extent You choose to access such services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable law, including but not limited to applicable local laws.

 

NO WARRANTY. DISCLAIMER

 

You acknowledge and agree that:

 

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEBSITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

 

The products and the claims made about specific products on or through this Website have not been evaluated by the Company or the Canadian Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. The information provided on this Website is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. This information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any product or service is safe for you. Except as expressly stated and agreed upon in advance by the Company, no director, employee, agent, or representative of the Company, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Website. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. The products should be used only as directed on the label. Supplementation should be used by persons 19 years and older. It should not be used if you are pregnant or nursing.

 

The Company does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Website. Reliance on these materials, information and opinions is solely at your own risk. The Company disclaims any liability for injury, damage or other consequence caused by or otherwise related (directly or indirectly) to any action or inaction you take based on the recipes, tips, instructions and other information and resources available on this Website.

 

THIS WEBSITE, THE CONTENTS AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. IN NO EVENT SHALL THE COMPANY, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, THE SITE CONTENT, ANY MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEBSITE OR THE CONTENTS, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

 

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES, SO SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU.

 

THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

 

THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS WEBSITE.

 

PRIVACY AND SECURITY

 

The Company takes reasonable steps to protect the information provided via the Website from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using the Website you agree to be bound by that policy.

However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us via the Website or email. Please keep this in mind when disclosing any information via the Internet.

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS WEBSITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS WEBSITE, AND ANY LINKS PROVIDED ON THIS WEBSITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS WEBSITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS WEBSITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE; (5) ANY TRANSACTION CONDUCTED ON THIS WEBSITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THE COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.

 

THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS WEBSITE.

 

INDEMNIFICATION

 

By purchasing a product offered, sold, or made available through this Website, you explicitly release the Company and its business partners from all liability and waive all legal rights whatsoever related to use of the product. This shall be the case no matter how or where the item was used. By purchasing a product from the Company, you agree to waive, release and not sue, make any claims or file any actions against the Company, or any other owner or operator of businesses offering products through this Website, or any one of the aforementioned entities and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers and agents, as well as any manufacturers and distributors that are based on, arise or result from, in whole or in part, use of the product.

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST THE COMPANY OR OTHER PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

 

You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, successors, assigns, and any of their shareholders, employees, officers, agents, directors and applicable third parties (e.g., agents, licensors, licensees, consultants and contractors) from and against any claim, liability, loss, injury, damage, cost or expense (including but not limited to attorney’s fees) incurred by the Company arising out of or from Your use of the Website or the products, including any data or content transmitted or received by You; (ii) Your violation of any term of these Terms, including without limitation Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your content.

 

This provision shall survive the termination of these Terms and remain in full force and effect.

 

GENERAL

 

The Company reserves the right to terminate a User’s use of the Website at any time without notice and may do so for any breach of these Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

 

The Company is permitted to revise, amend and/or modify these Terms at any time at its own discretion, and by using this Website you are expected to review these Terms on a regular basis. Your continued use of the Website after any such changes constitutes Your acceptance of such changes.

If you do not agree with these Terms or any subsequent modifications to these Terms, do not use or access (or continue to access) the Website.

 

Headings are included for convenience only and will not be considered in interpreting these Terms. For the avoidance of doubt, as used in these Terms, the word “including” means “including but not limited to”.

 

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceable or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Company and You in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

 

The Company is allowed to assign, novate, 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.

 

Any failure or delay by the Company in enforcing any right, power or remedy under these Terms or applicable law shall not be deemed to be a waiver thereof unless made in writing by the Company.

 

GOVERNING LAW

 

These Terms and the legal relationship between the parties arising in connection herewith shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein without recourse to the conflict of laws rules regardless of the venue or jurisdiction in which a dispute arises. You agree to be bound by such laws and to submit to the jurisdiction of the courts of B.C. in connection with the interpretation or application of these Terms. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Company or these Terms and Conditions more than one (1) year after such claim or cause of action arose. It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

 

 NOTIFICATIONS

 

The Company may provide notifications to You via email notice, or through posting of such notice on the Website, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to users, provided that You may opt out of certain means of notification as described in these Terms. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address You provide us.

 

Should You have any questions, complaints, or claims with respect to the Website, please contact: info@icaria.co

 

The Company does not provide any guaranteed response time, but will make a good faith effort to answer questions within five (5) business days.

 

These Terms were last modified on 2018-09-17