Terms of Service
(TERMS AND CONDITIONS OF USE)
ACCEPTANCE OF TERMS
Thank you for visiting the ICEMASTERS website (https://icemasters.ca/). These Terms and Conditions of Use (“Terms and Conditions of Use”) govern your use of the ICEMASTERS website, as well as any and all content available through the ICEMASTERS website (from hereon referred to as the “Website”). This Website is offered to you on the condition of your acceptance without modification of the terms, conditions and notices contained herein.
This Terms and Conditions of Use form a legally binding agreement between you and ICEMASTERS. By accessing and using this Website, you agree to be bound by these Terms and Conditions of Use (“Terms and Conditions of Use”).
Use of our Website
You agree not to take any action that may compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website. You agree not to use the Website in any manner that might interfere with the rights of third parties.
ICEMASTERS reserves the right to terminate or limit your access to the Website for any violation of these Terms and Conditions of Use, or for any other reason, in the sole discretion of ICEMASTERS.
Modifications of these Terms and Conditions of Use
ICEMASTERS reserves the right, on occasions and at our sole discretion, to change, modify, add to or remove from portions or the whole of these Terms and Conditions of Use. Changes to the Terms and Use will become effective upon such changes being posted to this Website. Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions of Use, including the above mentioned changes or updates.
We advise you to periodically check these Terms and Conditions of Use for changes. This Website and the content herein may include technical inaccuracies or typographical errors.
Services and Products
ICEMASTERS reserves the right without prior notice to discontinue or change specifications and prices on products and services offered or advertised on the Website. In the event that a product or service is listed at an incorrect price for any reason, including a typographical error or error in pricing received from suppliers, ICEMASTERS has the right to refuse services or cancel orders for products placed for the product listed at the incorrect price.
You hereby acknowledge and confirm that all appointments made through the Website and any estimates of the time required to provide the requested services provided through the Website are not binding on ICEMASTERS. ICEMASTERS provides no representations, warranties or guarantees regarding the accuracy of such features of the Website.
Without limiting the generality of the foregoing, ICEMASTERS reserves to the right to cancel, or change the date or time, of any appointment made by you through the Website without notice.
If you establish an account at the Website, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, you agree to accept responsibility for all activities that occur at the Website under your account. ICEMASTERS reserves the right, in its sole direction, to refuse service, cancel orders or terminate your account.
Ownership and Permitted Use of the Website
The Website, including all of its content, is the property of ICEMASTERS and others, and is protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
Midas either owns the intellectual property rights in the HTML, text, images, audio, video, software or other content that is made available on this website, or has obtained the permission of the intellectual property owner.
Subject to the copyright and trademark notices contained in these Terms and Conditions of Use, you may display, print or download pages from this website for your personal, non-commercial purposes only. This permission is further conditioned upon your maintaining all copyright, trademark and other proprietary rights notices appearing in the content. You agree not to redistribute or copy the content of the Website to any other media.
You may not use the Website or its content for any other purpose or in any other way without the prior consent of ICEMASTERS. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the prior consent of ICEMASTERS.
The trademarks, trade names, logos and service marks (“Marks”) displayed on the Website are protected by intellectual property rights of ICEMASTERS and others in agreement with ICEMASTERS or that of other third parties. You agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying or use of the Materials. Except as expressly provided herein, you are not permitted to use these Marks without the prior written consent of ICEMASTERS or such third party owner of the Mark.
Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks.
Links With Other Websites
For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”).
Other Sites are independent from ICEMASTERS, and ICEMASTERS has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.
The inclusion of any link to an Other Site does not imply endorsement by ICEMASTERS of such Other Site, its owner or operator, or any products or services.
Availability and Access to Website
ICEMASTERS has the exclusive right to control accessibility, hours of use, features on the Website and any other information, content, and services found on the Website. ICEMASTERS can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. ICEMASTERS reserves the right to monitor use of the Website.
You acknowledge that temporary interruptions in the availability of the Website may occasionally occur. ICEMASTERS will not be held liable for any damages due to such interruptions.
If you use this Website from locations outside Canada, you are responsible for compliance with applicable local laws. ICEMASTERS makes no representation that the products and services referenced herein are appropriate, or available worldwide, and in fact, may not be available worldwide.
Disclaimer and Limitations of Liability
ICEMASTERS DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. ICEMASTERS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THIS WEBSITE, THE SERVICE OR THE CONTENT OR THE CONTENT OF ANY WEBSITE OR THIRD PARTY WEBSITE.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY ICEMASTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
ICEMASTERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.
ICEMASTERS may, from time to time and at its sole discretion post content on the Website that has been submitted to ICEMASTERS by a user, including, but not limited to, product or service reviews or other comments (from hereon referred to as “User Content”).
Without limiting the generality of the foregoing, ICEMASTERS may refuse to post on the Website, or remove from the Website, any User Content that it deems, in its sole discretion, to: (i) be indecent, inappropriate, hateful, tortuous, slanderous, libelous, obscene, profane, lewd, defamatory; (ii) contain third-party materials or otherwise violate or infringe any intellectual property right of any person; (iii) make reference to any commercial/corporate advertising; or (iv) otherwise be objectionable.
You may not use a false e-mail address, impersonate any person, or otherwise mislead as to the origin of any User Content. You retain the copyright in any User Content and grant ICEMASTERS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content submitted by you. You also grant ICEMASTERS the right to use the name submitted by you in connection with User Content, if ICEMASTERS so chooses.
You represent and warrant that you own or otherwise control all of the rights to User Content submitted by you; that such User Content is accurate; that use of such User Content does not violate these Terms and Conditions of Use and will not cause injury to any person; and that you will indemnify ICEMASTERS for all claims resulting from such User Content. ICEMASTERS has the right, but not the obligation, to monitor and edit or remove any User Content.
ICEMASTERS takes no responsibility and assumes no liability for any User Content.
You hereby agree to defend, indemnify and hold ICEMASTERS, its partners, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, successor and assigns harmless from and against any and all claims, losses, liabilities and expenses (including lawyer’s fees) related to or arising out of your use of the Website, including any breach by you of these Terms and Conditions of Use.
Governing Law and Dispute Resolution
These Term of Use, your use of the Website, and all related matters are governed solely by the laws of the Province of Alberta and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between ICEMASTERS and you or any other person arising from, connected with or relating to the Website, these Terms and Conditions of Use or any related matters must be resolved before the Courts of the Province of Alberta, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Changes to these Terms and Conditions of Use
ICEMASTERS may, in its sole discretion, change, supplement or amend these Terms and Conditions of Use as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person.
You may not change, supplement, or amend these Terms and Conditions of Use in any manner.
These Terms and Conditions of Use, including any changes made to these Terms and Conditions of Use from time to time, constitutes the entire agreement between you and ICEMASTERS relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and ICEMASTERS with respect to your use of the Website.
If any provision of these Terms and Conditions of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these Terms and Conditions of Use will enure to the benefit of and be binding upon each of ICEMASTERS and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these Terms and Conditions of Use will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The parties have expressly requested and required that these Terms and Conditions of Use and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient redigés en anglais.
If you have any questions about these Terms and Conditions of Use please contact ICEMASTERS at:
108 Suncrest Way SE,
Calgary, AB T2X 1W4