Please read the following terms and conditions carefully, as they apply to all interactions you have with Frozen Mountain Software, Inc.
A. Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Frozen Mountain Website located at www.frozenmountain.com (the "Website"), which is the property of Frozen Mountain Corporation ("Frozen Mountain") and its licensors. By using or visiting the Website, you agree to comply with, and be bound by, these Terms of Use and all applicable laws and regulations. Please review the following Terms of Use carefully. If you do not agree to these Terms of Use, you may not access or use the Website and you should immediately exit the Website. The terms "we" and "our" refer to Frozen Mountain. The terms "you" and "your" refer to the user or viewer of the Website.
Frozen Mountain reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Frozen Mountain grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website which shall be defined by these Terms of Use as follows.
B. Content
All content available on the Website including, without limitation, text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Frozen Mountain, and is protected by laws relating to trade dress, copyright, patent, unfair competition, trademark, and/or other forms of intellectual property rights and by other applicable law and Frozen Mountain reserves and retains all rights in and to such Content.
The name and mark "Frozen Mountain" and any other names, marks, logos, graphics, designs, webpage designs, and icons of Frozen Mountain used in connection with the Website are registered or unregistered trademarks, service marks, or trade dress of Frozen Mountain (the "Marks"). You may not use the Marks other than in connection with any incidental use as necessary to view and access the Website. Without limiting the foregoing, you shall not be permitted to use any of the Marks or any other names or marks that are similar to, or likely to cause confusion with, any of the Marks.
Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Frozen Mountain's express prior written consent.
You may use information on Frozen Mountain products and services (such as data sheets, knowledge base articles, and similar materials) purposely and explicitly made available, with written permission, by Frozen Mountain for downloading from the Website, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Frozen Mountain is not responsible for the conduct, whether online or offline, of any user of the Website.
C. Your Use of the Website
Except solely as necessary for you to access the Website for its intended purpose, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, sublicense or sell the Content or any portion thereof. Except as expressly set forth in these Terms of Use, these Terms of Use do not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied licenses or licenses granted by estoppel or otherwise.
]You may not use any "deep-link", "page-scrape", "robot", "spider" or other automated device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely and explicitly made available, with written permission, through the Website.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Frozen Mountain server, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Frozen Mountain's systems or networks, or any systems or networks connected to the Website or to Frozen Mountain.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Frozen Mountain on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content, or post any messages or content, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Frozen Mountain or others.
D. Changes to Service and Suspension of Service
Frozen Mountain reserves the right, in its sole discretion, to change, suspend, discontinue, or terminate the Website or any and all content, applications, materials, and other items used or contained in the Website at any time and from time to time and without notice or explanation, for any or no reason, and without any liability to you. Frozen Mountain reserves the right in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your access to the Website or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without any liability to you.
E. Commercial Transactions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.
Frozen Mountain's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
Frozen Mountain may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Frozen Mountain makes no commitment to update the materials on the Website with respect to such products and services.
F. Accounts, Passwords, and Security
Certain features or services offered on or through the Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Frozen Mountain immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Frozen Mountain or any other user of or visitor to the Website due to someone else using your ID, password or account.
You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Frozen Mountain cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Registration for an account is void where the user lacks the eligibility for registration or such registration is otherwise prohibited. Registration for an account, any part of the Website or any service provided by Frozen Mountain is limited to users thirteen (13) years of age or older. Any registration by any user under thirteen (13) years of age is expressly prohibited. By submitting registration information, you represent and warrant that you are thirteen (13) years of age or older, that all registration information you submit is truthful and accurate, that you will maintain the accuracy of such information, that you agree to abide by the terms and conditions of these Terms of Use, and that your registration does not and will not violate any applicable law or regulation. A person who is eligible and desires to create an account may, upon consenting to these Terms of Use, submit an application to register in accordance with the procedures set forth by Frozen Mountain. Frozen Mountain reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your account, with or without prior notice or explanation, for any or no reason, without any liability to you.
G. Privacy
Frozen Mountain's Privacy Policy applies to use of this Website. The complete Privacy Policy, with more detail found here, is incorporated into these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. By using the Website, you consent to have your personal data transferred to, and processed in, the United States.
H. Third Party Websites
This Website may contain links to other independent third-party websites ("Linked Sites") and content (including, without limitation, text, photographs, images, graphics, designs, audio, video, games, applications, software, and files) owned by, or originating from, third parties ("Third Party Content"). Such Linked Sites and Third Party Content are not under Frozen Mountain's control, and Frozen Mountain is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Frozen Mountain's inclusion of any linked website or third party content on the Website does not imply approval, partnership, or endorsement of such website or content by Frozen Mountain. If you follow a link to a Linked Site or otherwise access a third party website, you do so solely at your own risk, and Frozen Mountain's Privacy Policy and other policies and practices, including these Terms of Use, do not apply to your use or access of such Linked Sites. Frozen Mountain takes no responsibility for third party advertisements or third party applications that are posted on or through the Website, nor does it take any responsibility for the goods or services provided by its advertisers. Reference to any products, services, content, or other information, whether by trade name, trademark, service mark, manufacturer, supplier, or otherwise, does not constitute or imply sponsorship, endorsement, or recommendation by, or any affiliation with, Frozen Mountain. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
I. Disclaimers
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ANY CONTENT, APPLICATIONS OR MATERIALS PROVIDED BY OR ON THE WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS AND FROZEN MOUNTAIN HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FROZEN MOUNTAIN CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE. FROZEN MOUNTAIN SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES OR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE. FROZEN MOUNTAIN DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE WEBSITE OR DOWNLOADED THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE WEBSITE OR ANY APPLICATIONS OR CONTENT PROVIDED BY FROZEN MOUNTAIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND/OR DOWNLOADING OF ANY SUCH APPLICATIONS, CONTENT, DATA, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE, AND OTHER MALICIOUS CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY OF THE FOREGOING AND ANY DAMAGES TO YOUR MOBILE DEVICE, COMPUTER, DATABASE, OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT FROM ANY OF THE FOREGOING. FROZEN MOUNTAIN CANNOT AND DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER FROZEN MOUNTAIN IS AWARE OF THESE DEFECTS, ERRORS OR OMISSIONS.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FROZEN MOUNTAIN FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH IN THIS SECTION, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS, AND WAIVERS OF LIABILITY SET FORTH IN THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE.
J. Limitation of Liability
IN NO EVENT SHALL FROZEN MOUNTAIN, ITS AFFILIATES, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF, OR RESULTING FROM, YOUR USE OF THE WEBSITE, EVEN IF FROZEN MOUNTAIN IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, FROZEN MOUNTAIN IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, FROZEN MOUNTAIN'S AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE WEBSITE PAID IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST FROZEN MOUNTAIN (BUT NOT INCLUDING THE PURCHASE PRICE FOR ANY FROZEN MOUNTAIN SOFTWARE PRODUCTS OR SERVICES), OR (2) US$100.00. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH THROUGHOUT THIS SECTION AND THESE TERMS OF USE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE FROZEN MOUNTAIN'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
K. Indemnity
You agree to indemnify and hold Frozen Mountain, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all demands, losses, damages, costs liability, claims or expenses (including reasonable attorneys' fees and costs of investigation), made against Frozen Mountain by any third party due to or arising out of or in connection with, (a) your use of the Website, (b) your breach of these Terms of Use, including your breach of any covenant, representation, warranty, term, or condition set forth herein, including, without limitation, the obligations set out in the section "Your Use of the Website," or (c) your violation of any law or regulation or of any third party rights, including infringement, libel, misappropriation, or other violation of any third party's intellectual property or other legal rights.
L. Violation of These Terms of Use
In the event of your violation of these Terms of Use, Frozen Mountain may take any of the following actions. These potential actions do not limit the rights of Frozen Mountain to these possible actions in the event of violation of these Terms of Use, nor does this section limit the rights or possible actions of Frozen Mountain in situations where no breach has occurred
Frozen Mountain may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Frozen Mountain's rights or property, or the rights or property of visitors to or users of the Website, including Frozen Mountain's customers. Frozen Mountain reserves the right at all times to disclose any information that Frozen Mountain deems necessary to comply with any applicable law, regulation, legal process or governmental request. Frozen Mountain also may disclose your information when Frozen Mountain determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Frozen Mountain may preserve any transmittal or communication by you with Frozen Mountain through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Frozen Mountain determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Frozen Mountain, its employees, users of or visitors to the Website, and the public.
You agree that Frozen Mountain may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Frozen Mountain, for which monetary damages would be inadequate, and you consent to Frozen Mountain obtaining any injunctive or equitable relief that Frozen Mountain deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Frozen Mountain may have at law or in equity.
You agree that Frozen Mountain may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
If Frozen Mountain does take any legal action against you as a result of your violation of these Terms of Use, Frozen Mountain will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Frozen Mountain. You agree that Frozen Mountain will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.
M. Notice of Infringement
If you believe that the use or display of any content on the Website infringes any copyright that you own or control, please contact Frozen Mountain's designated agent for copyright claims at:
Frozen Mountain Legal Dept
#316 - 5455 152 St.
Surrey, BC Canada
V3S 5A5
1-888-379-6686
When providing notification of alleged infringement of a copyright that you own or control, please provide Frozen Mountain's designated agent the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website; (b) identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit Frozen Mountain to locate the material; (c) information reasonably sufficient to permit Frozen Mountain to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) your physical or electronic signature.
N. Governing Law; Disputes
The internal laws of the State of North Carolina excluding its conflict of laws principles, shall govern these Terms of Use and any dispute between you and Frozen Mountain or any of its officers, directors, affiliates, or employees. You and Frozen Mountain hereby consent to and agree to submit to the exclusive jurisdiction of, and venue in, the state and federal courts located within Wake Country, North Carolina with respect to any dispute arising from your use of the Website or these Terms of Use or any other dispute between you and Frozen Mountain. Each party irrevocably waives, to the fullest extent permitted by law, any right to trial by jury in the resolution of any dispute arising out of, or relating to, use of the Website and these Terms of Use. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to the jurisdiction of, and venue in, the state and federal courts of Wake County, North Carolina. You agree that any cause of action you may have arising out of or related to these Terms of Use or the Website must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
O. Return Policy
All products can be evaluated at no cost using the free trial versions. Purchased licenses for all products are non-refundable. All pricing are in USD, unless otherwise noted, and are subject to change without notice.
P. Miscellaneous
These Terms of Use operate to the fullest extent permissible by applicable law. If any provision of these Terms of Use are deemed to be invalid, void or unenforceable, such provision shall be deemed severed or limited to the minimum extent necessary and the remaining provisions of these Terms of Use shall not be affected and shall remain in full force and effect. These Terms of Use, along with the Privacy Policy referenced herein, constitute the entire agreement between you and Frozen Mountain with regard to your use of the Website, and any and all other written or oral agreements, proposals or understandings previously existing between you and Frozen Mountain with respect to your use of the Website are hereby superseded and cancelled. Frozen Mountain will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The headings used for the sections in these Terms of Use are for convenience and reference purposes only and shall in no way affect the meaning or interpretation of these Terms of Use. Frozen Mountain's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Frozen Mountain of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Frozen Mountain and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms of Use and any rights granted hereunder may not be transferred or assigned by you, and any such transfer or assignment shall be void and ineffective. Frozen Mountain may freely assign these Terms of Use and its rights and obligations hereunder without restriction. The rights and obligations of these Terms of Use shall survive the termination of your use of this Website and any use of Frozen Mountain services and products. Nothing in these Terms of Use or any action by either party should be interpreted as creating an agency or partnership relationship.
If you have any questions about these terms and conditions, feel free to contact us at: legal@frozenmountain.com.
