Terms and Conditions of Use

This is a legal agreement between you and Iceberry that governs your use of any Iceberry online web site and any associated software code, documentation or other materials made available by Iceberry (collectively referred to in this Agreement as the "Web Site").

1.License.

1.1 You are granted a nonexclusive, nontransferable, limited license to access and use the Web Site for the duration of time for which the applicable fees, if any, have been paid.

1.2 You are granted a nonexclusive, nontransferable, limited license to print out materials from the Web Site solely for your own, individual use. You may not copy, distribute or otherwise share the materials you have printed out with others.

2.Ownership of Web Site.

All right, title, and interest (including all copyrights and other intellectual property rights) in the Web Site in both print and machine readable form belongs to Iceberry or its licensors or suppliers. You acquire no proprietary interest in the Web Site or copies thereof.

2.1 Except as specifically provided in Sections 1.1 and 1.2, you are prohibited from downloading, storing, reproducing, transmitting, displaying, publishing, copying, distributing or using the Web Site. You may not modify, adapt, translate or create derivative works of the Web Site except in accordance with this Agreement or with the prior written consent of Iceberry. It may be held legally responsible for any infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.

2.2 You may not remove, redact or otherwise obscure the copyright, trademark or other notices contained in the Web Site.

3.Technical Support.

You may contact Iceberry during regular business hours by email if you experience difficulties connecting to or using technical features of the Web Site during the period of time for which you have paid the applicable Web Site fees.

4.Limited Warranty.

4.1 Iceberry represents and warrants that it has the right and authority to make the Web Site available to you.

4.2 While Iceberry endeavors to make web access to the Web Site available to you 24 hours per day, 7 days per week, Iceberry reserves the right to change its availability policy from time to time, and Iceberry does not warrant that the Web Site will be uninterrupted, nor does it warrant any particular feature of the Web Site. Iceberry personnel are available to maintain and/or repair the Web Site only during regular business hours.

4.3 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1, THE WEB SITE AND ANY SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ICEBERRY AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ICEBERRY, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.

5.User Obligations.

5.1 You hereby represent and warrant that the information you have provided on the customer information is true and accurate.

5.2 You are entirely responsible for any and all activities that occur under your account, and you are responsible to oversee and protect against unauthorized or unlawful use of or access to the Web Site. You shall notify Iceberry immediately of any unauthorized use of your account or any other breach of security.

5.3 You will indemnify and hold harmless Iceberry and its licensors or suppliers against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fee) paid or incurred in connection with claims due to, resulting from or arising in connection with your actions or negligence, including but not limited to those attributable to any breach of this agreement or any infringement, misappropriation or violation of any copyrights, intellectual property rights or other proprietary rights of any third party.

5.4 Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ICEBERRY NOR ANYONE ELSE WHO HAS BEEN INVOLVED ON BEHALF OF ICEBERRY IN THE CREATION, PRODUCTION OR DELIVERY OF THE WEB SITE OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE, EVEN IF ICEBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ICEBERRY OR ITS LICENSORS OR SUPPLIER'S TOTAL CUMULATIVE LIABILITY FOR LOSS OR DAMAGE UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE WEB SITE.

6.Miscellaneous.

6.1 Termination. These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule or purchase agreement; all other provisions may be changed by Iceberry immediately upon notice.

6.2 Choice of Law and Forum. This Agreement shall be governed by the laws of the State of Maryland without regard to that body of law known as conflicts of law, and excluding the United Nations Convention on Contracts for the Sale of Goods. You agree that any dispute arising under this Agreement shall be brought solely and exclusively in a court of competent jurisdiction located in the state of Maryland, USA, and agree to submit to personal jurisdiction in the State of Maryland for that purpose.

6.3 Transferability. You may not assign your rights to access and use the Web Site without the prior written consent of Iceberry.

6.4 Complete Agreement. These General Terms and Conditions, and any Additional Terms constitute the complete and exclusive statement of the terms of the agreement regarding the Web Site between you and Iceberry. It supersedes and replaces any previous or contemporaneous written or oral agreements and communications relating to the Web Site.

6.5 Waiver/Modification. No waiver or modification of the terms of this Agreement shall be effective unless ratified in writing and signed by both you and Iceberry. This Agreement will not be amended or modified by the terms of any purchase order or acknowledgement, regardless of whether Iceberry may have accepted or signed the same. Any party's failure to enforce the provisions of this Agreement shall not constitute or be construed as a waiver of any other provisions or rights.

6.6 Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.