TERMS OF USE

1. Limitation of Liability
By visiting this Site, you acknowledge that technical processing and transmission of the Site may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Site or utilized by you, for any human or technical error of any kind, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Site or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ICON, ITS AFFILIATES, PARENTS, SUBSIDIARIES, PROMOTION AGENCIES AND ITS/THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SITE OR MERCHANDISE, SERVICES OR OTHER REWARDS OFFERED THROUGH THE SITE, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY VISITING THE SITE YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM. ICON, its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered on the partner websites. TO THE FULLEST EXTENT ALLOWABLE BY LAW, ICON AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED ON ANY PARTNER WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some provinces do not allow limitations on implied warranties, so the above limitation may not apply to you. You agree to rely solely on the manufacturer’s warranties, if any, for any products redeemed through this Site.

2. Errors, Inaccuracies or Omissions
We make every effort to ensure that the content on this Site is complete and current. However, we do not guarantee that the information contained on this Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. We reserve the right to correct any error, inaccuracy or omission or to change or update the content without prior notice to you.

3. Trademarks and Copyrights
All of the names, titles, logos, and designs on this Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trademarks and the sole and exclusive property of ICON, its parent, or affiliates. All other names, titles, logos and designs appearing on this Site are the property of their respective owners.

This Site may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Material”) and the entire contents of this Site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. We own the copyright in the Material original to us and in our selection, coordination, arrangement and enhancement of the Material.

No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights by downloading any Material. The use of any Material on any other web site is prohibited.

4. Privacy
The use of this Site is subject to the ICON online Privacy Policy, which forms a part of these Terms of Use.

5. Links to Other Internet Sites are Not Endorsement
This Site may contain links to other Internet Sites which are provided to you for your convenience. All such other Internet Sites are wholly independent from this Site and from us and we have no control or power over such other Internet Sites including their content. WE MAKE NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE OTHER INTERNET SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH OTHER INTERNET SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOUR USE OF SUCH OTHER INTERNET SITES IS SUBJECT TO THE TERMS OF USE GOVERNING SUCH INTERNET SITES.

6. Entire Agreement
These Website Terms of Use, together with our Privacy Policy constitute the entire agreement between us and you regarding the subject matter of this Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written between us and you with respect to such subject matter. These Terms of Use are subject to change by ICON at any time.

7. Severability
These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

8. Governing Law
This Site is intended for users who reside within Canada. We make no representation that materials on this Site are appropriate or available of for use in any particular location. Those who choose to visit and use this Site do so on their own initiative and are responsible for compliance with local laws. The Terms of Use as well as the use of this Site, including any order or purchase made through this Site, shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

9. Mobile Terms and Conditions
Participants who opt-in by text messaging will be automatically subscribed to receive periodical text message updates from ICON.

Participants may exit the program at any time by sending the word STOP to the specific mobile short code associated with the program/brand. Participants in need of assistance must send the keyword HELP to the specific mobile short code associated with the program/brand.

The text-messaging service is provided without charge, outside of the standard text messaging and data rates for text messages sent and received from a participant’s handset according to the terms and conditions in their wireless calling plan (only Message and Data Rates May Apply). The text-messaging service may be subject to fees and charges imposed by a participant’s wireless service provider under their mobile plan; beyond the control of ICON. Text messaging and wireless service are not available in all areas. Not all handsets may be supported.

Supported Carriers: Aliant Mobility, Bell Mobility, Fido, Koodo Mobile, MTS Mobility, NorthernTel, Rogers, Sasktel Mobility, Solo Mobile, Telebec Mobility, Telus Mobility, Videotron, Virgin Mobile Canada.

Contact
If you have any questions, comments or concerns about our website or these Terms of Use, please contact our ICON Web Administrator by email at [email protected].