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PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY OF THE FLAMINMG ICE BRANDS WEBSITES, APPLICATIONS, PLATFORMS, LOYALTY PROGRAMS, STORED VALUE CARDS AND OTHER ONLINE PROGRAMS THAT POST A LINK TO THESE TERMS, OR THE MATERIALS, SOFTWARE AND CONTENT AVAILABLE IN OR THROUGH THEM.

BY DOWNLOADING OR USING ANY OF THE FLAMING ICE ONLINE SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR OUR PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE FLAMING ICE ONLINE SERVICES. 

These Terms constitute an agreement between Flaming Ice. and its affiliates (collectively, “Flaming Ice Brands” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.

PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.

Certain services offered through the Flaming Ice Online Services, including mobile applications, loyalty programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services.  These Terms and any additional terms will apply equally.  In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail unless they expressly state otherwise.

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We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the Flaming Ice Online Services.  If you are a registered user or are on our electronic mailing list, we may also notify you of such material changes via email.  We may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the Flaming Ice Online Services.  All changes are effective when we post them and apply to your access and use of the Flaming Ice Online Services thereafter. Changes to the Dispute Resolution provisions (Section 20 below) do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.

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The Icecreamandelivers.com Online Services are owned by Flaming Ice Brands and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Flaming Ice Online Services.  You may not save or archive a significant portion of the material appearing in or on the Flaming Ice Online Services. All rights not expressly granted herein are reserved by Flaming Ice Brands. 

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Our Privacy Policy is incorporated into these Terms and also governs your use of the Flaming Ice Online Services.  The Privacy Policy describes the data that we gather about or from users of the Flaming Ice Online Services and how we process, use and share that data. By using the Flaming Ice Online Services, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

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You may use the Flaming Ice Online Services for lawful purposes and in accordance with these Terms. You may not use the Flaming Ice Online Services:

• for any purpose that is unlawful or prohibited by these Terms;

• to cause harm or damage to any person or entity;

• interfere with the proper operation of the Flaming Ice Online Services;

• to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Flaming Ice Brands in its sole discretion); or

• to reproduce, duplicate, copy, sell, resell or otherwise exploit the Flaming Ice Online Services for any commercial purpose that is not expressly permitted by Flaming Ice Brands.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Flaming Ice BRANDS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (THE “Flaming Ice PARTIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY Flaming Ice ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. This provision does not require you to indemnify any of the Flaming Ice Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Flaming Ice Online Services.

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To the fullest extent allowed by applicable law, Flaming Ice Brands is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the Flaming Ice Online Services or any materials available in any Flaming Ice Online Service. Flaming Ice Brands shall not be liable even if Flaming Ice Brands or a Flaming Ice Brands authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Except as expressly otherwise stated, Flaming Ice Brands does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the Flaming Ice Online Services.  Without limiting the generality of the preceding sentence, Flaming Ice Brands specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the Flaming Ice Online Services. 

Flaming Ice Brands does not guarantee that the functions contained in any of the Flaming Ice Online Services will be secure, uninterrupted or error-free, that each the Flaming Ice Online Services will be free of viruses or other harmful components, or that defects will be corrected even if Flaming Ice Brands is aware of them.

Except as set forth below, in no event will Flaming Ice Brands and its parent's or affiliates' total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the Flaming Ice Online Services or $100, whichever is less.  Where permitted by applicable law, you agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred. 

Nothing in these Terms will exclude or limit Flaming Ice Brands’ liability for any product liability claims, statutory consumer rights, damages associated with death or personal injury or caused by our intentional misconduct, recklessness, misrepresentation, gross negligence, willful misconduct or fraud.

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The Flaming Ice Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information.  If any information in the Flaming Ice Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid.  We cannot guarantee that your computer’s display of color or other product features is accurate.  If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.

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