IC Realtime

These terms and conditions are updated as of 04/05/2022

 

WELCOME! PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO USE ANY PORTION OF  THE SYSTEM (as defined below). 

This Terms of Service Agreement (this “Agreement”) is made by and between IC REALTIME, LLC, a  Delaware limited company (“IC Realtime,” “We,” “Our,” or “Us”) and the party agreeing to these terms and  conditions by clicking or checking the “Accept” icon pertaining to this Agreement on the Sites (as defined  below) (“You” or “Your”). This Agreement is effective as of the date You click or check such “Accept”  icon (the “Effective Date”). IC Realtime and You are sometimes referred to as the “Parties” and each  individually as a “Party”. 

We operate multiple Internet websites located at www.icrealtime.com, www.icare.com,  www.iccloud.com, and www.clearviewcctv.com (the “Sites”), which Sites can be accessed through any  computer, tablet or smartphone. We offer for sale surveillance camera and related equipment (the  “Equipment”) and offer for free download in the Apple iTunes Store and Android Marketplace Our tablet  and smartphone applications (together, the “Applications”). We offer and operate a software cloud  subscription service which allows users to operate, and record, store and share video from, the  Equipment (the “Service” and together with the Sites, the Applications, and the Equipment, the  “System”)). The Service is accessed and used through both the Sites and the Applications. 

This Agreement governs your access to and use of the System. Please read these terms carefully. They  require the use of binding arbitration to resolve disputes rather than jury trials or class actions. This  Agreement gives You specific legal rights, and You may also have other legal rights in addition, which  vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this  Agreement will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the  exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or  other rights, so those provisions of this Agreement may not apply to you. 

You desire to subscribe to and use the Service. Therefore, the Parties agree as follows with the intent to  be legally bound. 

1. ACCEPTANCE; TERM AND TERMINATION. 

1.1. This Agreement constitutes Your agreement with Us with respect to Your use of the System. You  must agree to abide by all of the terms and conditions in this Agreement to continue using the System. 

1.2. You shall pay the current charges for the Service and any and all taxes thereon, if applicable. The  Service shall continue until the earlier of such time as (i) You provide Us with notice that You wish to  discontinue the Service, (ii) Your subscription to the Service is terminated or canceled by Us, as set forth  herein, or (iii) We cease to offer the Service. Notice must be received by Us in order to terminate your  monthly or annual Service subscription. 

1.2.1 By accessing the Service, You are agreeing to be bound by this Agreement. You are also agreeing  to be bound by and to comply with all applicable federal, state, local and foreign laws, rules, and 

regulations. If You do not agree with any of the terms set forth in this Agreement, You are prohibited  from using the System. 

1.2.2 We grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable,  limited right to access and use the System during the Term (as defined below). Such license is not a  transfer of title. Under this license You may not: 

  • 1. Modify or copy any content found on or accessed through the System.
  • 2. Use the content for any commercial purpose, or for any public display (commercial or non commercial).
  • 3. Attempt to decompile or reverse engineer any software comprising, contained on, or used in the System.
  • 4. Remove any copyright or other proprietary notations from Our content.
  • 5. Transfer the content to another person or “mirror” the content on any other server.

The license granted above shall automatically terminate if You violate any of the above restrictions and  may be terminated by Us at any time. Upon termination of the license or this Agreement, You must  destroy any downloaded content in Your possession whether in electronic or printed format. 

1.3. The term of this Agreement (and Your Subscription to the Service and access to the System  hereunder) will start on the Effective Date and will remain in full force and effect for as long as you  continue to access or use the Service and the System, or until terminated pursuant to Section 1.4 below  (the “Term”). 

1.4. This Agreement (and Your Subscription to the Service and access to the System hereunder) may be  terminated (i) by either Party upon thirty (30) days prior notice to the other Party, or (ii) by Us effective  immediately upon notice to You in the event of your breach of this Agreement. 

1.5. This Agreement is an electronic contract that sets out the legally binding terms of Your purchase of  a subscription for the Service and Your use of the System. You indicate Your acceptance of this  Agreement by clicking or checking the “Accept” icon in connection with Your purchase of a subscription  for the Service from Us. This action creates an electronic signature that has the same legal force and  effect as a handwritten signature. By clicking or checking the “Accept” icon, You agree to the terms and  conditions contained or referenced in this Agreement. When you click or check the “Accept” icon, You  also consent to have this Agreement provided to you in electronic form. Please print a copy of this  Agreement for Your records.

2. REGISTRATION AND FEES. 

2.1. For purposes of identification, billing and marketing, You shall provide accurate, complete, and  updated information to register for use of the System, including Your legal name, address, telephone  number(s), email address, and applicable payment data (for example, a credit card number and expiration  date). 

2.2. IC Realtime shall bill Your credit card for all charges. In the event legal action is necessary to collect  on balances due, You agree to reimburse IC Realtime for all expenses incurred to recover sums due,  including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of  charges for, Internet access services and telecommunications services needed for use of the System. 

2.3. All payments are nonrefundable. You hereby acknowledge and agree that You will not receive a  refund of any paid fees. 

3. MEMBER RESPONSIBILITIES AND USE LIMITATIONS. 

3.1. You are responsible for any misuse of Your account, even if the inappropriate activity was committed  by a friend, family member, guest, or employee. Therefore, You must take steps to ensure that others do  not gain access to Your account. In addition, You may not use Your account to breach security of another  account or attempt to gain unauthorized access to another network or server. You must adopt adequate  security measures to prevent or minimize unauthorized use of Your account. You may not attempt to  circumvent user authentication or security of the System. This includes, but is not limited to, attempting  to access data not intended for You, logging into or making use of a server or account You are not  expressly authorized to access, or probing or disrupting the security of other networks. Use or  distribution of tools designed for compromising security is prohibited. Examples of these tools include,  but are not limited to, password guessing programs, cracking tools or network probing tools. Users who  violate systems or network security may incur criminal or civil liability. IC Realtime shall cooperate fully  with investigations of violations of systems or network security at other sites, including cooperating with  law enforcement authorities in the investigation of suspected criminal violations. 

3.2. IC Realtime respects the intellectual property of others and requires that Our users do the same. You  agree that You shall not, or allow anyone using Your account to, upload, embed, post, email, transmit, or  otherwise make available on the Internet or through the System any material that infringes any copyright,  patent, trademark, trade secret, or other proprietary rights of any person or entity without the permission  of the owner or persons authorized by the owner to grant permission. You are responsible for obtaining 

the necessary permission before permitting any protected material that belongs to others to be placed  on the Internet or the System. For the avoidance of doubt, You shall not place any copyrighted music,  video, or other data on the Internet or the System if You do not have the legal right to use the music,  video, or other data. IC Realtime reserves the right to immediately delete such content (if possible) and  terminate the subscriptions of infringers. 

3.3. You may download the material available on the System only for Your personal use. Except as  authorized to use material without express permission under the copyright laws, You are responsible for  obtaining permission before reusing any copyrighted material that is available on the System. 

3.4. Nothing contained in this Agreement may be construed to convey to You any ownership, interest,  title, or license in the user ID, URL, IP Address, or domain name used by You in connection with the  System. 

3.5. IC Realtime reserves the right to suspend or terminate Your access to the System, or any user ID,  URL, IP Address, or domain name used by You, in the event it is used in a manner which: 

3.5.1. Constitutes a violation of any law, rule, regulation or tariff including, without limitation, copyright  and intellectual property laws; 

3.5.2. Is defamatory, fraudulent, indecent, obscene or deceptive; 

3.5.3. Is intended to threaten, harass, abuse, or intimidate others; 

3.5.4. Tends to damage the name or reputation of IC Realtime, its parent, affiliates, employees, owners,  and subsidiaries; or 

3.5.5. Interferes with other customers’ use and enjoyment of the System. 

3.6. Without limitation, You may not use the System to: 

3.6.1. Transmit obscene content; 

3.6.2. Intentionally spread or threaten to spread computer viruses; 

3.6.3. Gain or attempt to gain unauthorized access to any network, including IC Realtime’s private  network infrastructure; 

3.6.4. Access or attempt to access information not intended for You; or 

3.6.5. Transmit pirated software. 

3.7. You are responsible for ensuring that the services obtained from IC Realtime by You are used in an  appropriate manner. Therefore, You shall take steps to manage the use of the System in such a way that  network abuse is minimized. You shall respond in a timely manner to complaints concerning misuse of 

the System. Failure to responsibly manage the use of the System may be cause for termination of Your  access to the System. 

3.8. You acknowledge, understand and agree that IC Realtime accounts operate on shared network  resources. Excessive use or abuse of these shared network resources by one customer may have a  negative impact on all other customers. Therefore, Your misuse of network resources in a manner which  impairs network performance is prohibited by this Agreement and may result in termination of Your  account. You are expressly prohibited from excessive consumption of network resources, including CPU  time, memory, disk space, and session time. You may not use resource-intensive programs which  negatively impact other customers or the performance of IC Realtime Service, systems, or networks. IC  Realtime reserves the right to terminate or limit such activities. 

3.9. You understand and agree that any attempt to breach any account or network security, or to access  an account which does not belong to You, shall be considered a material breach of this Agreement, and  such breach may, without limiting IC Realtime’s other remedies, result in suspension or termination of  the System. 

3.10. You may not use screen scraping or other automated data mining type programs (a.k.a. “spiders,”  “crawlers,” “webbots,” or “bots”) to systematically access and extract data from the System website(s). 

3.11. You further agree to immediately notify IC Realtime of: 

3.11.1. any unauthorized use of Your account; and 

3.11.2. any breach, or attempted breach, of security known to You. 

3.12. Any violation of such rules, regulation, and policies, or any network policy document issued by IC  Realtime, shall be cause for IC Realtime to suspend or terminate Your use of the System. IC Realtime reserves sole discretion to determine whether any use of the System is a violation of this Agreement and  to terminate Your account or use of the System without notice. We may also suspend the account, restrict  access to it, or remove content from it if necessary or appropriate. We prefer to advise customers of  inappropriate behavior and any necessary corrective action. However, flagrant violations of this  Agreement shall result in immediate termination of Your access to the System. Our failure to enforce  this Agreement, for whatever reason, shall not be construed as a waiver of Our right to do so at any time.  This information is only a guideline and is not intended to be all-inclusive.

4. COPYRIGHT; TRADEMARK. 

4.1. The System (including, without limitation, all software, hardware, websites, technology, and  documentation associated with or underlying the System, as well as all derivative works thereof), is Our  sole and exclusive property. Subject to the limited rights expressly granted in this Agreement, we reserve  all rights, title and interest in and to the System (including, without limitation, all software, hardware,  websites, technology, and documentation associated with or underlying the System, as well as all  derivative works thereof), including all related intellectual property and proprietary rights (including,  without limitation, all copyrights, patent rights, trademark and service mark rights, trade secret rights,  and moral rights). No rights are granted to You other than as expressly described in this Agreement. 

4.2. The System is protected by copyright pursuant to U.S. copyright laws, international conventions and  other copyright laws. All content contained on the System is protected by copyright and is owned or  controlled by Us or the party credited as the provider of the content. You agree to abide by any and all  additional copyright notices, information, or restrictions contained in any part of the System. Copying or  storing any part of the System is expressly prohibited without prior written permission from Us or the  copyright holder as identified on the System. 

4.3. We own many trademarks (the “Trademarks”). You agree not to delete any Trademark or similar  notice from any contents that You obtain from the System. Any questions concerning the use of  Trademarks should be referred to Us in accordance with the section captioned “Notices” below. 

4.4. We have the exclusive legal right to use the IC Realtime, ICare, and ClearViewCCTV trademarks and  logos. 

4.5. All other products and company names mentioned on the System may be trademarks of their  respective owners. 

5. DIGITAL MILLENNIUM COPYRIGHT ACT INFRINGEMENT  CLAIMS. 

5.1. We respect the rights of all copyright holders and, in this regard, We have adopted and implemented  a policy that provides for the termination, in appropriate circumstances, of subscribers and account  holders who infringe the rights of copyright holders. If You believe that Your work has been copied in a 

way that constitutes copyright infringement, please provide IC Realtime’s copyright agent the following  information required by the Online Copyright Infringement Liability Limitation Act of the Digital  Millennium Copyright Act, 17 U.S.C. § 512: 

5.1.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an  exclusive right that is allegedly infringed; 

5.1.2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted  works at a single online site are covered by a single notification, a representative list of such works at  that site; 

5.1.3. Identification of the material that is claimed to be infringing or to be the subject of infringing  activity and that is to be removed or access to which is to be disabled, and information reasonably  sufficient to permit Us to locate the material; 

5.1.4. Information reasonably sufficient to permit Us to contact the complaining party; 

5.1.5. A statement that the complaining party has a good faith belief that use of the material in the  manner reported is not authorized by the copyright owner, its agent, or the law; and 

5.1.6. A statement that the information in the notification is accurate, and under penalty of perjury, that  the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly  infringed. 

5.2. IC Realtime’s copyright agent for notice of claims of copyright infringement on or regarding the  Website can be reached as follows: 

  • Dan Delarosa, Esq.
  • 3050 N Andrews Ave Ext.
  • Pompano Beach, FL 33064
  • danmdelarosa@gmail.com

6. CHANGES TO THE SYSTEM; USAGE; TEMPORARY  SUSPENSION. 

6.1. We may change, suspend, or discontinue any aspect of the System at any time. We may also impose  limits on certain features and services or restrict access to parts of or all of the System without notice  or liability. 

6.2. In the event that a law, ruling, regulation, or order issued by a judicial, legislative or regulatory body  causes IC Realtime to believe that this Agreement, or the System provided hereunder, may be in conflict 

with such rules, regulations, or orders, IC Realtime may suspend or terminate the System, or terminate  this Agreement, without liability to You of any kind. 

6.3. Any changes to the System or Your usage thereof will be effective on the date specified in the notice  posted on the Sites and/or delivered to You via email or physical mail. If any modification to the System  is unacceptable to You, You may terminate Your subscription to the Service and Your use of the System.  However, if You do not terminate Your subscription to the Service or continue to use the System following  such changes, Your continued use shall mean that You have accepted and agreed to be bound by any  such change. 

6.4 Temporary Suspension. The Service may be suspended temporarily without notice for security  reasons, system failure, maintenance and repair, or other circumstances. You agree that You will not be  entitled to any refund or rebate for such suspensions. IC Realtime does not offer any specific uptime  guarantee for the Service. 

7. REPRESENTATIONS AND WARRANTIES. YOU  REPRESENT, WARRANT AND COVENANT THAT: 

7.1. You are at least eighteen (18) years old; 

7.2. You own or have obtained the necessary licenses, rights, consents, and permissions, to use and  authorize IC Realtime to use all intellectual property rights in Your Content (as defined below) to enable  the inclusion and use of Your Content in the manner contemplated by this Agreement; and 

7.3. You shall not upload, post, transmit, distribute or otherwise publish through the System any content  which: 

7.3.1. Restricts or inhibits any other user from using and enjoying the System; 

7.3.2. Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or  indecent; 

7.3.3. Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability,  or otherwise violate the law; 

7.3.4. Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright,  trademark, patent, rights of privacy or publicity, or any other right of any third party; 

7.3.5. Contain a virus or other harmful or potentially harmful component;

7.3.6. Contain any unsolicited or unauthorized advertising, promotional content, spam, or any other kind  of solicitation; and/or 

7.3.7. Constitute or contain false or misleading indications of origin or statements of fact.

 8. LINKS. 

8.1. The Sites and the Service may contain hyperlinks to other World Wide Web sites (the “Other Sites”).  If You use such hyperlinks to access these Other Sites, You shall leave the System and Your browser  shall be re-directed to the Other Sites. We have not reviewed the legitimacy or content of any Other Site,  and do not guarantee any Other Site’s accuracy or authenticity. Hyperlinks to Other Sites do not  constitute an endorsement by Us of any third party sites or resources, or their content. We only provide  these links to You as a convenience, and the inclusion of any link does not imply endorsement by Us of  the Other Site. 

8.2. Any Other Sites that link to the Site: 

8.2.1. May link to, but not replicate, Our content; 

8.2.2. Shall not imply that We are endorsing or sponsoring it or its products; 

8.2.3. Shall not present false information about Us, Our products, or the System; 8.2.4. Shall not use Trademarks without the prior written permission from Us; and 8.2.5. Shall not contain content that could be construed as distasteful, offensive, or controversial. 

8.3. Notwithstanding anything to the contrary contained in this Agreement, We reserve the right to deny  permission to link the Sites to any other website for any reason in Our sole and absolute discretion. 

9. REGISTRATION AND PAYMENT POLICY. 

Registration and the payment of a fee may be required for the use of certain portions of the System. Your  registration shall not impose any duty on Us to provide any particular service to You. As noted above, all  paid fees are nonrefundable.

10. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON OUR  SYSTEM 

10.1. Permission to use documents like press releases, new stories, and FAQs from the System (the  “Documents”) is granted provided that: 

10.1.1. The copyright notice below appears in all copies and that both the copyright notice and this  permission notice appear; 

10.1.2. Use of such Documents is for informational and non-commercial or personal use only and shall  not be copied or posted on any network computer or broadcast in any media; and/or 

10.1.3. No modifications of the Documents are made. 

10.2. Elements of the System including, but not limited to, the “look and feel,” are protected by trade  dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in  part. No logo, graphic, sound or image from the System may be copied or retransmitted unless expressly  permitted by IC Realtime. 

11. SITES CONTENT AND INFORMATION; FEATURES. 

11.1. You acknowledge, understand and agree that temporary interruptions of the System may occur as  normal events. You further acknowledge, understand and agree that IC Realtime has no control over third  party networks You may access in the course of the use of the System, and therefore, delays and  disruption of other network transmissions are completely beyond the control of IC Realtime. 

11.2. The System contains information, advice, text, content, and goods and services for sale  (collectively, the “Materials”) that are provided for Your convenience and enjoyment. Some of the  Materials are provided by third parties. You should be aware that the Materials might contain errors,  omissions, inaccuracies, outdated information, and inadequacies and that the Materials may be subject  to terms and conditions which may be found on the Sites or in the documents and policies of third parties.  In the event of a conflict between the terms and conditions of this Agreement and the terms and  conditions which may be found on the Sites or in the documents and policies of third parties, the terms  of this Agreement shall control. We make no representations or warranties as to the completeness,  accuracy, adequacy, currency, or reliability of any Materials and shall not be liable for any lack of the  foregoing.

11.3. Third party advertisers may offer goods, services and other content to You on the System. Your  correspondence and business dealings with advertisers found on or through the System including, but  not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and  representations associated with such dealings, are solely between You and the advertiser. You agree  that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any  such dealings or the offering of such goods, services, and other content on the System. 

11.4. Descriptions of, or references to, products or publications within the System do not imply  endorsement of that product or publication. The views and opinions expressed within the System do not  necessarily reflect those of IC Realtime. 

11.5. We do not represent or warrant that every action You take with regard to Your account and related  activities on the System shall be lawful in any particular jurisdiction. It is incumbent upon You to know  the laws that pertain to You in Your jurisdiction and act lawfully at all times when using the System. 

11.6 IC Realtime relies on or interoperates with third party products and services. These third party  products and services are beyond IC Realtime’s control, but their operation may impact or be impacted  by the use and reliability of IC Realtime’s services. You acknowledge and agree that: (i) the use and  availability of the Service and the System is dependent on third party product vendors and service  providers, (ii) these third party products and services may not operate in a reliable manner 100% of the  time, and they may impact the way that IC Realtime operates, and (iii) IC Realtime is not responsible for  damages and losses due to the operation of these third party products and services. 

12. YOUR CONTENT. 

12.1. From time to time, IC Realtime may permit You as a Service subscriber to upload information,  advice, text, data, images, video, music, software, messages, and other content to the System or the  Internet (“Your Content”). Your Content is solely Your responsibility. Files uploaded to the System or the Internet may be denied if they exceed a reasonable size as determined by IC Realtime, the recipient  Internet website, or Your own ISP. IC Realtime does not guarantee the quality or performance of any files  that have been uploaded and shall not be responsible for any damage to computer hardware or software  as a result of uploading any files to the System or the Internet. This means that You, and not IC Realtime,  are entirely responsible for all of Your Content that You upload, post, email, transmit, or otherwise make  available via the System. Under no circumstances shall We be liable in any way for any of Your Content  including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any  kind incurred as a result of the use of any of Your Content made available via the System. You agree to  pay for all royalties, fees, and any other monies owed to any person or entity relating to Your placement  of Your Content.

12.2. Except as set forth in this Agreement, You retain all rights in any material uploaded by You or others  You authorize to use Your account. You grant IC Realtime and its designated licensees a non-exclusive,  paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt,  modify, and otherwise use such material, regardless of the medium, technology, or form in which it is  used, (i) in connection with the IC Realtime Service and (ii) with respect to material uploaded to any  public area of the Site, for any purpose whatsoever. The entire content of the System is copyrighted by  IC Realtime as a collective work under the United States copyright laws. Portions of the System are  provided to IC Realtime under license. The copying, reproduction, or publication of any part of the System  is prohibited, unless expressly authorized in writing by IC Realtime. You acknowledge that We do not pre screen Your Content, but that We have the right, but not the obligation, in Our sole discretion to modify,  transmit over various networks, refuse, or move any of Your Content that is available on the System. You  agree that You must evaluate, and bear all risks associated with the use of any of Your Content including,  but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content. 

12.3. You acknowledge and agree that IC Realtime may preserve Your Content and may also disclose  Your Content at any time and for any reason, as permitted by law. 

12.4. If complaints are received regarding language, content, or graphics contained in Your Content, IC  Realtime may, at its sole discretion, remove Your Content hosted on IC Realtime servers and terminate  Your Service. We may also suspend the account, restrict access to it, or remove Content from it if  necessary or appropriate. 

12.5. You may not publish content (including video and all other forms of communication, including  narrative descriptions, other graphics (including illustrations, images, drawings, and logos), executable  programs, video recordings, music, and other audio recordings) that IC Realtime determines, at its sole  discretion, to be unlawful, indecent, or objectionable. Unlawful material is that which violates any law,  statute, treaty, regulation, or order. This includes, but is not limited to, obscene material; defamatory,  fraudulent, or deceptive statements; threatening, intimidating, or harassing statements; or material that  violates the privacy rights or property rights of others (copyrights or trademarks, for example). Indecent  material is that which depicts sexual or excretory activities in a patently offensive matter, as measured  by contemporary community standards. Objectionable material is otherwise legal material from which  IC Realtime concludes, in its sole discretion, that it wants to be dissociated in order to protect its  reputation and brand image, or to protect its employees, owners, and affiliates. This includes, but is not  limited to, all material that, in the sole discretion of IC Realtime, is determined to be advertising or  otherwise promoting for commercial purposes, unless expressly permitted in writing by IC Realtime.  Objectionable material may include, without limitation: 

12.5.1. Materials that depict or describe scantily-clad and lewdly depicted male and/or female forms or  body parts, and which lack serious literary, artistic, political or scientific value; 

12.5.2. Materials that suggest or depict obscene, indecent, vulgar, lewd or erotic behavior, and which  lack serious literary, artistic, political or scientific value;

12.5.3. Materials that may hold IC Realtime, including its affiliates, employees or owners up to public  scorn or ridicule; or 

12.5.4. Materials that encourage the commission of a crime; or which tend to incite violence; or which  tend to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual  orientation, disability or political affiliation. 

13. WARRANTY. 

13.1. We offer a limited warranty on Our Equipment as set forth in Our Warranty (which is incorporated  herein), which pertains to all of the following: 

13.1.1. THE SYSTEM AND EVERYTHING ELSE PROVIDED TO YOU BY US; 

13.1.2. THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR A PARTICULAR PURPOSE OF THE  CONTENT ON AND PROVIDED THROUGH THE SYSTEM; 

13.1.3. THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED  ON OR ACCESSED THROUGH THE SYSTEM; 

13.1.4. THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SYSTEM BY USERS; 

13.1.5. ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR 

13.1.6. ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE  INFORMATION THROUGH THE SYSTEM OR ANY LINKED WEBSITE. 

13.2. EXCEPT AS SET FORTH IN SECTION 13.1 ABOVE, THE SYSTEM AND EVERYTHING ELSE PROVIDED  TO YOU BY US, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS,  GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE  SYSTEM, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IC REALTIME MAKES  NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT ANY  OF THE FOREGOING. 

13.3. FURTHER, EXCEPT AS SET FORTH IN SECTION 13.1 ABOVE, IC REALTIME DISCLAIMS ANY  EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS  FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IC REALTIME DOES NOT WARRANT  THAT THE FUNCTIONS PROVIDED BY IC REALTIME (INCLUDING THOSE CONTAINED IN THE SYSTEM OR  ANY MATERIALS OR CONTENT CONTAINED THEREIN) WILL BE UNINTERRUPTED OR ERROR-FREE; THAT  DEFECTS WILL BE CORRECTED; OR THAT THE SYSTEM OR THE SERVERS THAT MAKES IT AVAILABLE  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IC REALTIME SHALL NOT BE LIABLE FOR 

THE USE OF THE SYSTEM INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS  CONTAINED THEREIN. 

13.4. IC REALTIME DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SYSTEM ARE LAWFUL  IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH  WARRANTIES. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BY USING ANY OF THE FEATURES  OF THE SYSTEM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR  ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SYSTEM. 

13.5. IC REALTIME MAKES NO WARRANTY THAT THE SYSTEM WILL MEET YOUR REQUIREMENTS, OR  THAT THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES IC  REALTIME MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION  OBTAINED THROUGH THE SYSTEM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR  DATA UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SYSTEM IS  DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR  COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF SUCH  MATERIAL AND/OR DATA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY IC REALTIME, ITS  EMPLOYEES, LICENSORS, AGENTS OR THE LIKE, WILL CREATE A WARRANTY, AND YOU MAY NOT RELY  ON SUCH ORAL ADVICE OR WRITTEN INFORMATION. 

13.6. Through Your use of the System You may have the opportunity to engage in commercial  transactions with other Internet users and vendors. You acknowledge that all transactions relating to any  merchandise or services offered by any party, including, but not limited to the purchase terms, payment  terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed  to solely between the seller or purchaser of such merchandise and services and You. IC Realtime MAKES  NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE  SYSTEM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY  AT YOUR OWN RISK. 

14. LIMITATION OF LIABILITY; INDEMNITY. 

14.1. EXCEPT AS SET FORTH IN SECTION 13.1 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY  APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,  SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLE DAMAGES IN  CONNECTION WITH OR ARISING OUT OF (i) THE SYSTEM, (ii) USE OR MISUSE OF THE SYSTEM BY YOU  OR ANY THIRD PARTY, (iii) ANY PRODUCTS, SERVICES, CONTENT OR OTHER MATERIALS USED WITH  THE SYSTEM, OR (iv) ANY PRODUCTS, SERVICES, CONTENT OR OTHER MATERIALS ACCESSED,  ENCOUNTERED OR OBTAINED ON OR THROUGH THE SYSTEM THAT ARE SUPPLIED BY THIRD PARTIES, 

REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM IS BASED (WHETHER CONTRACT, TORT  OR OTHERWISE) AND EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING,  BUT NOT LIMITED TO, DAMAGES FOR INJURY TO PERSON OR PROPERTY, LOSS OF PROFITS, LOSS OF  GOODWILL, USE OR LOSS OF VIDEO OR DATA, OR OTHER INTANGIBLE LOSSES). IF ANY JURISDICTION  DOES NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DAMAGES,  OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW AND IN NO EVENT  SHALL SUCH LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). 

EXCEPT AS SET FORTH IN SECTION 13.1 ABOVE, YOU EXPRESSLY AGREE THAT YOUR SOLE AND  EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR OUR PERFORMANCE OR THE FAILURE OF SUCH  PERFORMANCE HEREUNDER, OR FOR ANY BREACH BY US HEREOF, WILL BE TO TERMINATE THIS  AGREEMENT PURSUANT TO SECTION 1.4 ABOVE. YOU ACCEPT THE RESTRICTIONS ON YOUR RIGHT TO  RECOVER ADDITIONAL DAMAGES AS PART OF YOUR BARGAIN WITH US, AND YOU UNDERSTAND AND  ACKNOWLEDGE THAT, WITHOUT SUCH RESTRICTIONS, THE SUBSCRIPTION AND OTHER FEES WOULD  BE HIGHER. 

14.2. You agree to indemnify and hold harmless IC Realtime and its shareholders, directors, officers,  employees, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors  (collectively referred to as “Indemnitees”) from and against any claims, damages, demands, penalties,  fines, liabilities, attorneys’ fees, court costs, legal expenses and causes of action Indemnitees may incur,  in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from Your use  of the System or anything else provided to You by an Indemnitee (hereinafter individually, and collectively  referred to as a “Claim”). IC Realtime shall be entitled to assume and control the reasonable defense and  settlement of any Claim. You shall provide reasonable cooperation and assistance in defending against  any Claim. 

14.3. You agree to indemnify IC Realtime, its affiliates and subsidiaries, in the event that Your use of the  System: 

14.3.1. Constitutes a violation of any law, rule, regulation or tariff (including, without limitation, copyright  and intellectual property laws); 

14.3.2. Is defamatory, fraudulent or deceptive; 

14.3.3. Is intended to threaten, harass or intimidate; or 

14.3.4. Interferes with other customers’ use or enjoyment of the System provided by IC Realtime. 

14.4. You agree to indemnify IC Realtime, its affiliates and subsidiaries for any tax consequences caused  by Your use of the System, for which You are responsible , or which You fail to pay.

15. GOVERNING LAW. 

This Agreement and the interpretation of its terms shall be governed by and construed in accordance  with the laws of the State of Florida, without regard to its conflicts of laws rules. 

16. JURISDICTION, VENUE AND ARBITRATION. 

16.1. IC REALTIME AND YOU AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS THAT ARISE FROM OR  RELATE TO THIS AGREEMENT OR THE SERVICE OR SYSTEM IN ANY WAY, EXCEPT FOR CLAIMS ARISING  FROM BODILY INJURY. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED,  INCLUDING, FOR EXAMPLE: 

o CLAIMS ARISING OUT OF OR RELATING TO ANY ASPECT OF THE RELATIONSHIP BETWEEN  THE PARTIES THAT IS CREATED BY OR INVOLVES THIS AGREEMENT, REGARDLESS OF THE  LEGAL THEORY; 

o CLAIMS FOR MENTAL OR EMOTIONAL DISTRESS OR OTHER EMOTIONAL/MENTAL INJURY  ARISING FROM THE RELATIONSHIP BETWEEN THE PARTIES; 

o CLAIMS THAT AROSE BEFORE YOU ACCEPTED THIS AGREEMENT (SUCH AS CLAIMS RELATED  TO DISCLOSURES OR THE MARKETING OF THE SERVICES OR THE PROCESS FOR SEEKING  APPROVAL TO USE THE SERVICES); 

o CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF YOUR USE OF THE SERVICES OR ANY  AGREEMENT BETWEEN THE PARTIES; AND 

o CLAIMS BROUGHT BY OR AGAINST OUR RESPECTIVE SUBSIDIARIES, PARENT COMPANIES,  MEMBERS, AFFILIATES, AS WELL AS THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,  AGENTS, PREDECESSORS, SUCCESSORS, AND ASSIGNS OF THESE ENTITIES, YOU, AND IC  REALTIME. 

16.2. To the extent that an action in a court is proper pursuant to this Agreement, the Parties irrevocably  submit and consent to the exclusive jurisdiction and venue of the Florida state courts in and for Broward  County, Florida and the Federal Courts in and for the Southern District of Florida. This grant of exclusive  jurisdiction shall not be applicable to the entering of a judgment upon the award rendered by an  arbitrator. 

16.3. The Parties waive all rights to trial by jury in any action or proceeding instituted in connection with  this Agreement. The Parties agree not to raise the defense of forum non-conveniens.

17. VERIFICATION. 

All information provided is deemed reliable but is not guaranteed and should be independently verified. 

18. ADVERTISING. 

You shall not use IC Realtime’s name or any language, pictures, or symbols which could, in IC Realtime’s  judgment, imply IC Realtime’s endorsement in any (i) written or oral advertising or presentation, and/or  (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent. 

19. FORCE MAJEURE. 

We shall not be liable for any delay in performing Our obligations under this Agreement, if such delay is  caused by circumstances beyond Our reasonable control including, without limitation, any delay caused  by any act or omission of the other Party, acts of God, war, floods, windstorm, labor disputes, or delay of  essential content or services. 

20. NOTICES. 

20.1. Whenever under the provisions of this Agreement You are required or permitted to give notice to IC  Realtime, You shall give the notice in writing. It shall be deemed given either when delivered personally,  or by courier, or three (3) days after mailing, postage prepaid by registered or certified mail, return receipt  requested, addressed to IC Realtime, at the following address: 

  • Attention: Robert Odierna
  • IC Realtime, LLC
  • 3050 N Andrews Ave EXT
  • Pompano Beach, FL 33064

20.2. Whenever under the provisions of this Agreement IC Realtime is required or permitted to give notice  to You, IC Realtime may send an email to the address provided by You when You registered with the  System. If You have not provided an accurate email address or if You have not registered with the System,  IC Realtime may send a notice to You in any reasonable way. 

21. MISCELLANEOUS. 

This Agreement contains the sole and entire agreement between the Parties with respect to the use of  the System and supersedes any and all other prior written or oral agreements between them. You may  not assign Your account or your rights and obligations under this Agreement to anyone without the  express written consent of IC Realtime. Upon reasonable notice, IC Realtime may assign its rights and  obligations under this Agreement. Captions contained in this Agreement are inserted only as a matter of  convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement  or the intent of any provision of this Agreement. It is the intent of the Parties that neither this Agreement,  nor any covenant in this Agreement, shall be construed against either Party pursuant to the common law  rule of construction against the drafter. It is the intent of the Parties that said rule shall not be applicable  to this Agreement. The Parties waive all rights to trial by jury in any action or proceeding instituted in  connection with this Agreement. If any provision of this Agreement shall be held invalid or unenforceable  by any court of competent jurisdiction or as a result of future legislative action, such holding or action  shall be strictly construed and shall not affect the validity or effect of any other provision of this  Agreement. 

22. SALES TERMS & CONDITIONS. 

Any shipping discrepancies must be reported within 10 days of the packing slip date. All orders are  shipped F.O.B. from IC Realtime distribution facilities or manufacturer’s facilities for drop shipments.  Returns are accepted within 30 days of invoice with original package and RMA#, provided all items are  in re-sellable condition. Please reference our RMA terms at icrealtime.com/rmas for further information.  Products that have been misused, damaged, chipped, scratched, defaced or tampered with are not  eligible for full credit. Warranty information on all sold products and services can be found  at icrealtime.com/warranty. Shipping and handling fees are non-refundable. Returned checks are subject  to $35 service fee. All prices on goods and services are subject to change without notice. A 1.5% per  month late fee will be charged on all past due invoices. Credit term customers eligible for prompt pay  discounts may use earned discounts on equipment and accessories only. Discounts may not be used on  shipping and handling charges. Additional terms of sale can be found at www.icrealtime.com/terms-of-sale, which are incorporated herein.