Terms and Conditions

These Terms of Use (“Terms”) apply to your use of the website (the “Site”) provided by Iceotope Technologies Limited (“Iceotope”) that are intended for use by businesses. The services provided on our sites include products related to cooling technology for data centers (collectively, the “Services”).

1. Agreement. These Terms govern your access to and use of the Site. The Terms may be modified at any time by Iceotope by posting the modified Terms to the Site. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated. You can view the most recent version of these Terms at any time at iceotope.com/terms-and-conditions. Your use of this Site shall constitute and be deemed your unconditional acceptance of these Terms. If you do not agree to these Terms, please immediately discontinue your use of the Site.

2. Privacy. Your use of the Site is also governed by our Privacy Policy, which is hereby incorporated into this Agreement. Please review our Privacy Policy at iceotope.com/privacy-policy. Iceotope reserves the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy.

3. Site Content. The Site is provided on an “as is” basis and may use internet services that are not under our direct control. We do not warrant that the Site or its features will be accessible at all times or that it will function in an error-free manner. We reserve the right to cease operating the Site or any of its features at any time. The Services and the Site are in no way intended to recommend a particular product. You are solely responsible for evaluating the information obtained from the Site and for determining the product that is right for your business. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and your business in using the Site or the Services.

We make no representation or warranty as to the legal compliance of the Services or the Site content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the Services and the Site content. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Site, Services, and content to any person, geographic area or jurisdiction we so desire.

4. Intellectual Property. All content on this Site including without limitation graphics, logos, trademarks, images, content and software is, and shall continue to be, the property of Iceotope or its affiliates and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is strictly prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

5. Site Use. Iceotope grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy content from the Site, reverse engineer or hack into the Site, harvest materials from the Site, or use materials, products or services in violation of any law. Your use of this Site is at the discretion of Iceotope who may terminate your access and use at any time.

6. Links to Other Sites. The Site may provide links to other websites. This Site’s Terms of Use or Privacy Policy may not apply to those other websites, which may have their own terms and policies. You should review the terms of use and privacy policies of any other websites that you visit.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify, defend and hold Iceotope and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. ICEOTOPE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

10.  Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ICEOTOPE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. THE TOTAL LIABILITY OF ICEOTOPE AND ITS AFFILIATES, AGENTS, SUBCONTRACTORS, LICENSORS, AND SUPPLIERS, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, THE SITE CONTENT, AND ANY OTHER CAUSE WHATSOEVER, SHALL NOT EXCEED, IN THE AGGREGATE FOR ANY AND ALL CLAIMS UNDER OR IN RELATION TO THIS AGREEMENT, $100.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11.  Indemnity. You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Site, the Services, or your violation of these Terms.

12.  Applicable Law. You agree that the laws of the state of New York without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Iceotope or its affiliates. Venue shall be the state and federal courts located in New York. [GB3] 

13.  Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

14.  Complete Agreement. These Terms constitute the entire and exclusive understanding and agreement between Iceotope and you regarding the Site, the Services and the Products and these Terms supersede and replace any and all prior oral or written understandings or agreements between Iceotope and you.

15.  Relationship of the Parties. Each party is, and shall remain, an independent contractor and nothing contained in this Agreement shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.

16.Contact Information. Iceotope Technologies Limited, AMP Technology Centre, Brunel Way, Sheffield, South Yorkshire, England S60 5WG.