to the www.icuc.com Internet site and its associated sites,
services, systems, goods and products collectively referred
to as the "Site". This is the End User Services Agreement
(EUSA). This EUSA specifies what you can expect from us and
what we expect from you. We maintain this Site as a "use at
your own risk" service to our customers. By using our Site,
you are agreeing to comply with and to be bound by the following
If you do not agree to all of these terms, you should not
review or study information on our Site or obtain or use any
goods, products or services available from this Site or affiliated
of our Site or our telephone number based web and email addresses
for spamming or any other improper, disturbing, abusive or
illegal purpose is STRICTLY prohibited. We will assist in
any way we deem appropriate any company or individual harmed
or disturbed by such activity. This includes supplying your
name, address, telephone number, IP address, assistance in
IP tracing, activity history with date and time stamps, forwarding
addresses and any other information we deem fit to provide.
Your account will be immediately deleted, and your IP address
barred from our Site. We reserve the sole and final right
of judgment and decision as to what constitutes improper,
disturbing, abusive or illegal activity. We have ZERO tolerance
for such activity. If allowed by law, Site abusers will be
retroactively charged a minimum of $.05 (five cents) per offending
email targeting, transiting, passing through or residing on
following statute shall also be strictly enforced against
those involved in spamming and abuses: US Code Title 47, Section
227(a)(2)(B), a computer/modem/printer meets the definition
of a telephone fax machine. By Sec. 227(b)(1)(C), it is unlawful
to send any unsolicited advertisement to such equipment, punishable
by action to recover actual monetary loss, or $500, whichever
is greater, for EACH violation.
BY COMPLETING THE REGISTRATION PROCESS AND CHECKING THE BOX
NEXT TO "I HAVE READ AND AGREE TO ALL ICUC EUSA TERMS AND
CONDITIONS", YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THIS EUSA.
1. Acceptance of Agreement. You agree to the terms
and conditions outlined in this End User Services Agreement
(EUSA) with respect to our Site. This Agreement constitutes
the entire and only agreement between you and us, and supersedes
any and all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site,
and the subject matter of this Agreement. This Agreement may
at any time be amended by us and from time to time amended
without specific notice to you. The latest Agreement will
be posted on the Site, and you should always review this Agreement
prior to using the Site and any of its content, products or
2. Copyright. The content, organization, graphics,
design, layout, concept, representation, compilation, magnetic
translation, analog/digital conversion and other matters related
to the Site are protected under applicable copyrights, trademarks
and other proprietary rights (including but not limited to
intellectual property rights). The copying, redistribution,
use or publication by you of any such matters or any part
of the Site, except as allowed by Section 5, is strictly prohibited.
You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a
waiver of any right in such information and materials.
3. Trademarks. ICUC and other items are service marks,
trademarks or registered trademarks. Other product and company
names mentioned on the Site may be trademarks of their respective
Patents. The Site and many of its features, functions
and techniques are Patent Pending.
Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants
you only a limited, nonexclusive license for use solely by
you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works
or other use. No part of any content, form or document may
be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for
your personal use (but not for resale or redistribution).
Editing, Deleting and Modification. We reserve the
right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site from time
to time and at any time without prior notification.
Indemnification. You agree to indemnify, defend and
hold us and our partners, attorneys, staff and affiliates
(collectively, 'Affiliated Parties') harmless from any liability,
loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the
Non-transferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain
information or documents is not transferable.
Disclaimer and Limits. THE INFORMATION AND SERVICES
FROM OR THROUGH THE SITE ARE PROVIDED AS-IS, AS AVAILABLE,
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ICUC MAKES NO WARRANTY THAT THIS SITE OR THE SERVICE WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES ICUC MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE OR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT ANY DEFECTS
IN THE SOFTWARE WILL BE CORRECTED. IN ALL LIKELYHOOD THIS
SITE AND ITS SERVICES WILL FAIL OR MALFUNCTION FROM TIME TO
TIME WITHOUT PRIOR WARNING AND WITH THE CONSEQUENT LOSS OF
YOUR DATA. USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA. ICUC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS OR DATA TRANSMISSIONS
ENTERED INTO OR THROUGH THE SERVICE WHETHER PURCHASED OR FREE
OF CHARGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ICUC, ITS AGENTS OR THROUGH THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
AND ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES CONTAINED WITHIN ANY EMAIL OR ELECTRONIC FILE CONTAINING
ANY FORM, DOCUMENT, TEXT OR PROGRAM IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY
TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO OR LESS THAN
THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
FREE SERVICES WILL HAVE ZERO LIABILITY.
Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any
Third-Party Services. We allow access to or advertise
third-party merchant sites ('Merchants') from which you may
purchase certain goods or services. You understand that we
do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between
you and Merchants. You agree that use of such Merchants is
AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants
will apply to you while on such sites. We are not responsible
for information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority
to make any representations or commitments on behalf of the
guarantee as to the degree (if any) of privacy of your data
and/or information stored within or transiting the Site. By
using the Site you acknowledge and accept that your privacy
may be compromised in many ways both foreseen and unforeseen.
to time and is a part of this EUSA.
14. Payments. You represent and warrant that if you
are purchasing something from us or from Merchants that (i)
any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card
company or other payment authority, and (iii) you will fully
pay the charges incurred by you at the posted prices, including
any applicable taxes within 30 days of purchase.
Securities Laws. This Site may include statements concerning
our strategies, prospects, operations, financial condition,
future economic performance and demand for our products or
services, as well as our intentions, plans and objectives.
These are forward-looking statements. These statements are
based upon a number of assumptions and estimates and are subject
to significant uncertainties, many of which are beyond our
control. When used on our Site or in communications with our
staff, words like 'anticipates', 'expects', 'believes', 'estimates',
'seeks', 'plans', 'intends' and similar expressions are intended
to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements.
The Site and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any securities.
None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
Links to other Web Sites. The Site contains links to
other Web sites. These other Web sites may or may not be hosted
by us. In either case, we are not responsible for the content,
accuracy or opinions expressed in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy
or completeness by us. You are warned that such Web sites
may be offensive to you. Inclusion of any linked Web site
on our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site and
access these third-party Web sites, you do so at your own
Copyrights and Copyright Agents. We respect the intellectual
property of others, and we ask you to do the same. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent
the following information: (a) An electronic or physical signature
of the person authorized to act on behalf of the owner of
the copyright interest; (b) A description of the copyrighted
work that you claim has been infringed; (c) A description
of where the material that you claim is infringing is located
on the Site; (d) Your address, telephone number, and email
address; (e) A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and (f) A statement by you,
made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site is John Goodspeed who can be reached as follows:
John Goodspeed, 1724 Westmoreland Trail, Annapolis, MD 21401
Refund Policy. If a service purchased by you proves
to be defective or not to your reasonable satisfaction, you
may request a refund within 21 days of service use, email
such request to: email@example.com to bring the matter to our
attention. In such event, we will provide you a credit for
other purchases on the Site. This Section 18 sets forth your
sole and exclusive right to refund and return.
Information and Press Releases. The Site contains information
and press releases about us. While this information was believed
to be accurate as of the date prepared, we disclaim any duty
or obligation to update this information or any press releases.
Information about companies other than ours contained in the
press release or otherwise, should not be relied upon as being
provided or endorsed by us.
No Resale or Commercial use of the Site. Your right
to use the Service is personal to you. You may only be an
individual. You may not be a corporation or other business
entity. You agree not to resell or make any commercial use
of the Service, without the express consent of ICUC.
21. Email and Web storage and other limitations. Site
assumes no responsibility for the deletion (accidental or
intentional) or failure to store or backup email messages,
web sites or any other data. Site has set no fixed upper limit
on the number of messages you may send or receive through
the Site; however, ICUC retains the right, at Site's sole
discretion, to determine whether or not your conduct is consistent
with the letter and spirit of the EUSA and may terminate your
use of Site if your conduct is found to be inconsistent with
Indemnification. You agree to indemnify and hold ICUC,
its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your
use of the Site, the violation of this EUSA by you, or the
infringement by you, or other user of the Site using your
computer, of any intellectual property or other right of any
person or entity.
23. Termination. Either you or ICUC may terminate
the use of Site with or without cause at any time and effective
immediately. Termination shall be accompanied by written notice
to the other party. ICUC shall not be liable to you or any
third party for termination of Site use. Should you object
to any terms and conditions of this EUSA or any subsequent
modifications thereto or become dissatisfied with the Site
in any way, your only recourse is to immediately: (1) discontinue
use of the Site; (2) terminate Site membership; and (3) notify
Site of your termination. Upon termination of Site use either
by you or by us, your right to use the Site, software and
systems immediately ceases. You shall have no right and ICUC
will have no obligation thereafter to store and/or forward
any unread or unsent or in transit messages to you or any
third party. Your Site Web site will cease to be available
and its data may be deleted.
Notice. All notices to a party shall be in writing
and shall be made either via email or conventional mail. ICUC
may broadcast notices or messages through the Service to inform
you of changes to the EUSA, the Site, or other matters of
importance; such direct email or email broadcasts shall constitute
notice to you.
Miscellaneous. This Agreement shall be treated as though
it were executed and performed in Annapolis, Maryland, and
shall be governed by and construed in accordance with the
laws of the State of Maryland (without regard to conflict
of law principles). Any cause of action by you with respect
to the Site (and/or any information, data, products or services
related thereto) must be instituted within six (6) months
after the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set forth
in Section 9 and Section 11. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly
for or against either party. All legal proceedings arising
out of or in connection with this EUSA shall be brought solely
in Annapolis, Maryland. You expressly submit to the exclusive
jurisdiction of said courts and consents to extra-territorial
service of process. Should any part of this EUSA be held invalid
or unenforceable, that portion shall be construed consistent
with applicable law and the remaining portions shall remain
in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with
this EUSA, this EUSA shall take precedence. Our failure to
enforce any provision of this EUSA shall not be deemed a waiver
of such provision nor of the right to enforce such provisions