Terms of Service

The use of services from, “Simply ICE” hereinafter referred to as (Provider) constitutes agreement to these terms.

1) Account Setup / Email on file

We will assist in the setup of your account after receipt of all required account information, verify Pay Pal for affiliate compensation distribution and the conclusion fraud screening processes. Providing false contact information of any kind may result in the termination of your account.

2) Registration / Eligibility

To become an affiliate member of the provider website, or post User Generated Content, you will be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the provider affiliate registration application. The provider affiliate link is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

3) Account Termination

Provider reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Provider’s website or Affiliate Link for any or no reason, without notice, and without liability to you or anyone else.  Any monthly sales or billing cycle with be effective and processed upon termination.  Provider also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Provider’s website or affiliate link. These Terms of Service remain in effect even after your account is terminated. The Terms of Service relating to Intellectual Property, Indemnification, Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

4) IP (Intellectual Property)

Any and all intellectual property on the Provider’s website or affiliate links (except for User Generated Content) is owned by Provider, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, trade dress (including the 3oz. bottle colors, designs, and packaging) and trade names are owned, registered and/or licensed by Provider or its affiliates. All content on the Provider’s website or affiliate links (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Provider; All rights reserved. By using the Provider’s website or affiliate link, you acknowledge Provider’s ownership of and interest in the intellectual property and agree not to challenge the validity or enforceability thereof. 

5) Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person.  Provider is not responsible or liable for any loss or damage resulting from any interaction with other Provider users, persons you meet through the Provider, or persons who find you because of information posted on, by or through the Provider.  You agree to take reasonable and necessary precautions in all interactions with other users on provider’s website, and conduct any necessary investigation before meeting another person.  Provider is under no obligation to become involved with any user dispute, but may do so at its own discretion.

6) Content

All services provided by Provider may only be used for lawful purposes. The laws of the State of Texas and the United States of America apply. 
The Customer/Organization/Member Affiliate agrees to indemnify and hold harmless Provider from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.  Any misrepresentation, false claims or warranties will result in immediate termination of affiliate link.   Affiliates have no authority to print or distribute any written, recorded, or taped product information via social media, internet, phone, advertising or promotions without written authorization by Provider.
Provider services, including all related equipment, networks and network devices are provided only for authorized customer/organization/member use. Provider systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Provider system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled) with or without notice.

7) Product Orders

All orders placed through the Simply ICE website are subject to  acceptance.  Simply ICE may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. In the event your credit card has already been charged for an order that is later cancelled, you  will be issued a refund.  Simply ICE makes all efforts to ship products in an effective and timely manner, but we cannot guarantee the condition of the products or a specific timeframe due to the nature of the shipping and fulfillment industry.  All products orders are only sold and shipped in the U.S.

8) Indemnification

Customer/Organization/Member Affiliate agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Provider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer/Organization/Member Affiliate agrees to defend, indemnify and hold harmless Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Provider; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Provider’s server.

9) Mobile Devices

The Provider website contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or devices.  Choosing to use provider’s mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

10) Arbitration by using any Provider services, you agree to submit to binding arbitration.

If any disputes or claims arise against Provider or its subsidiaries, an arbitrator of Provider’s choice will handle such disputes. An arbitrator from the American Arbitration Association will be selected. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Customer/Organization/Member Affilliate is also responsible for any and all costs related to such arbitration.

11) Limitation of Liability

Provider shall not be liable for any special, incidental, direct/indirect consequential damages, which include loss of profits or data, resulting from the use of or lack thereof, this website or affiliate link or the performance of the products purchased through the website or affiliate link as well as the conduct of other users (on or offline) as well as user generated content, even in the event provider has been advised of such damages.  Affiliates/users accept complete responsibility for their use of the Provider’s website.  The only remedy against Provider for use of the Provider’s website or affiliate link or any content is to Simply stop using the website or affiliate link.  If Provider is found to be liable to users for any damages or losses that are in direct connection with user’s use of Provider’s website, affiliate link or content, Provider’s liability shall not exceed $100.00 US Dollars.  Applicable laws may not allow the limitation or exclusion of liability as well as incidental/consequential damages, therefore the above limitation/exclusion may not apply to user.

12) Disclaimer

Provider shall not be responsible for any damages you may suffer. Provider makes no warranties of any kind, expressed or implied for services we provide. Provider disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Provider and its employees. Customer/Organization/Member understands that any statements made by and on Providers website or literature regarding “Simply ICE” product are for informational purposes only and do not constitute claims regulated by the FDA.  Customer/Organization/Member Affiliate understands that any literature or statements not provided from Provider regarding “Simply ICE” must be approved in writing from Provider prior to presenting or distribution.

13) Affiliate/User’s responsibilities during a claim

You agree to co-operate and assist us in defending any claim brought against us by a third party that arises from your breach of these Terms of Use and you will allow us to handle any such claim.

14) Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable. 

15) Disclosure to law enforecement

Provider may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16) Warranty Disclaimer

Provider shall not be responsible or liable for any User Generated Content or other Content posted on the Provider’s website or for any offensive, unlawful or objectionable content you may encounter on or through the Provider’s website. The provider’s website, user generated content, content, and the materials and products on the Provider’s website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law,  Provider disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness or rehabilitation for a particular purpose and non-infringement.  Provider cannot guarantee and does not promise any specific results from use of the Provider’s website.  Provider does not represent or warrant that the Provider’s website will be uninterrupted or error-free, that any defects will be corrected, or that this website, affiliate link or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Provider does not make any warranties or representations regarding the use of the materials or content in the website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device in which you access the Provider’s website, loss of data or other harm of any kind that may result.  Provider reserves the right to change any and all content and other items used or contained in the website or affiliate link at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

17) Changes to the Terms of Service and Website

The Provider’s website and affiliate links as well as the Terms of Use may be changed by Provider and any changes will be effective when they are posted to the Provider’s website or affiliates link.  Periodic review of the Provider’s website is suggested for any changes.  If there are material changes, we may send you notice of the change by e-mail or through other methods on the Provider’s website or affiliate links.  Any and all use of the Provider’s website or affiliate links following any change constitutes your acceptance of the change.  Provider reserves the right to revise its policies at any time without notice.

18) If you should find these Terms of Services are not acceptable in full by you, you must terminate your use of Provider’s website or affiliate link immediately.

Should you have other questions or concerns about these privacy policies, please call us at 210-789-0924 or send us an email at [email protected].