These terms and conditions (the "Terms") govern your access to and use of ICU 2DAY’s websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with ICU 2DAY LLC. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
The Site provides an interactive online service operated by ICU 2DAY, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”). THE USE OF THIS SITE AND MOBILE APPLICATIONS ARE FOR LAWFUL PURPOSES ONLY.
A. End User Communications
ICU 2DAY in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). ICU 2DAY shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by ICU 2DAY, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, ICU 2DAY shall have the right, but not the obligation, to remove any material from the Communities that ICU 2DAY, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of ICU 2DAY.
B. Prohibited Content
You represent and warrant that you will not submit the following Content:
a) Content that is false, inaccurate, or misleading;
b) Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
c) Content that violates any local, state, federal, or international laws;
d) Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e) Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by ICU 2DAY in its sole discretion;
f) Advertisements, solicitations or spam links to other web sites or individuals, without prior permission from ICU 2DAY;
g) Chain letters or pyramid schemes;
h) Content that impersonates another business, person or entity, including ICU 2DAY, its related entities, employees and agents;
i) Content that contains viruses or other harmful computer code;
j) Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
k) Content that you were compensated or granted any compensation by any third party unless otherwise authorized; or
l) Content that violates any policy posted on the ICU 2DAY Sites, or interferes with the use of the ICU 2DAY Sites by others.
Although ICU 2DAY cannot monitor all Content, you understand that ICU 2DAY shall have the right, but not the obligation, to monitor the Content of the ICU 2DAY Sites to determine compliance with this Agreement and any other operating rules that may be established by ICU 2DAY from time to time. ICU 2DAY shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the ICU 2DAY Sites or mobile applications for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify ICU 2DAY and its affiliates for all claims resulting from any Content you submit.
C. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
D. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by ICU 2DAY.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
User Content (including any that may have been created by users employed or contracted by ICU 2DAY) does not necessarily reflect the opinion of ICU 2DAY. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
You agree to indemnify, defend, and hold ICU 2DAY, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "ICU 2DAY Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. ICU 2DAY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of ICU 2DAY. ICU 2DAY will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE ICU 2DAY ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE ICU 2DAY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE ICU 2DAY ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE ICU 2DAY ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
THE ICU 2DAY ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
E. CHOICE OF LAW AND VENUE
North Carolina’s law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and ICU 2DAY (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN Mecklenburg, North Carolina.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.