Terms & Conditions

  

These Terms & Conditions (“Agreement”) apply to ICYAF.com (“the Website”), operated by Toggle Web Media LLC dba ICY AF (“ICY AF”). Throughout the Website, the terms "we,” "us” and "our” refer to ICY AF. ICY AF offers the Website, including all information, tools and services available from the Website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of the Website constitutes your agreement to these Terms & Conditions. 

 

Copyright & Trademark All trademarks, logos, service marks, and content on the Website, including without limitation text, designs, graphics, images, and the selection and arrangement thereof are the property of ICY AF, its licensors, or other third parties and are protected by trademark, copyright, or other intellectual property laws. You may not use any trademarks, logos, services marks, or content on this website without the obtaining prior written authorization from ICY AF. 

 

Site Use The Website and its contents are provided solely for personal, noncommercial use and for no other purpose. Any downloading or copying of the materials herein is permitted for such personal, noncommercial use only. No right, title or interest in such materials is transferred to you upon such copying or downloading, and such materials may not be transferred, linked, reproduced, retransmitted or otherwise distributed or displayed, in whole or in part. 

 

Product Images We have attempted to accurately depict the colors of the products offered on the Website. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail. 

 

Pricing We make every attempt to avoid errors in pricing and product information on the Website, but we are human. If a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in U.S. dollars. Our policy is to match the prices of the Website to the prices you will find in ICY AF’s stores or ICY AF’s advertisements. If you find a discrepancy, please Contact Us. However, ICY AF is under no obligation to match the Website prices to any prices outside of the Website including but not limited to advertisement prices or in store prices. 

 

Shipping Policy Shipping, Orders, and Sales Taxes on the Website are subject to our Order Policy

 

Return Policy Returns on the Website are subject to our Return Policy

 

Privacy Policy Privacy on the Website is subject to our Privacy Policy.

 

Website Links ICY AF makes no representations or warranties about any other website you may access through the Website. If there is a link to another website, such link does not constitute an endorsement of that site or the products or services contained therein and is provided solely as a convenience to you. 

 

Disclaimer Your use of the Website is at your sole risk. The Website is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Website or any feature or part thereof at any time. ICY AF expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the site or the server that makes the Website available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from ICY AF or through or from the Website shall create any warranty of any kind. ICY AF does not make any warranties or representations regarding the Website or the use of the materials on the Website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. 

 

Limitation of Liability You acknowledge and agree that you assume full responsibility for your use of the Website. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Website is at your own risk and that the Website is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither ICY AF nor its suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the Website, or any other websites you access through a link from the Website or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the Website, or for any information, products or services advertised in or obtained through the Website, ICY AF’s removal or deletion of any materials submitted or posted on the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, even if ICY AF or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither ICY AF nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the Website. Your sole and exclusive remedy for any of the above claims or any dispute with ICY AF is to discontinue your use of the site. You and ICY AF agree that any cause of action arising out of or related to the Website must commence within one 1 year after the cause of action accrues or the cause of action is permanently barred. 

 

Indemnification You agree to indemnify, defend and hold harmless ICY AF and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Website and any violation of these terms of use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. ICY AF reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ICY AF in the defense of such matter. 

 

Jurisdiction The laws of the state of New York govern this Agreement and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in the state of New York for any action arising out of or relating to this Agreement. We recognize that it is possible for you to obtain access to the Website from any jurisdiction in the world, but we have no practical ability to prevent such access. The Website has been designed to comply with the laws of the state of New York and of the United States. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. 

 

Modifications ICY AF reserves the right in its sole discretion, to change, modify, add or remove any portion of these terms of use, in whole or in part, at any time, by posting revised terms on the Website. It is your responsibility to check periodically for any changes we make to the terms of use. Revised terms will take effect five days after their publication on the Website and will apply only on a going forward basis. Your continued use of the Website after that point signifies that you accept the changes.

 

Entire Agreement This Agreement and any policies or operating rules posted on the Website constitute the entire Agreement and understanding between you and ICY AF with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these terms of use shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 

Severability If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. 

 

If you have any questions regarding the Terms & Conditions, please Contact Us.