Terms and Conditions
Please read the following terms and conditions carefully, as they apply to all interactions you have with Frozen Mountain Software, Inc.
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.
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
]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.
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
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.
H. Third Party Websites
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.
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.
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 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.
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
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
Use and Purpose of Collected Personally Identifiable Information
The term "Personally Identifiable Information" means your full name, physical address, email address, telephone number, or any other personal information that, alone or in combination with other information, permits third parties to contact you physically or online.
Frozen Mountain does not knowingly collect or solicit Personally Identifiable Information from anyone under the age of thirteen (13). If we learn that we have inadvertently obtained Personally Identifiable Information from a child under the age of thirteen (13), we will delete that information as soon as practicable. If you believe that a child under the age of thirteen (13) has submitted Personally Identifiable Information in connection with the Website, please contact us at firstname.lastname@example.org.
On our Website, we collect Personally Identifiable Information knowingly and voluntarily provided by you when you:
- register for any service of Frozen Mountain;
- submit requests, suggestions, or other communications to us;
- interact with the Website or Frozen Mountain in any way that submits, releases or displays your Personally Identifiable Information to Frozen Mountain.
Frozen Mountain may use your Personally Identifiable Information to:
- carry out the sales, sales solicitation, shipment of products, complete orders, and provide other services performed by us or third parties;
- advertise or promote our products or the products of third parties offered through the Website or third party partners;
- provide after-service or respond to inquiries and/or complaints;
- carry out marketing data surveys, statistics and/or analysis;
- create, send and utilize Mailing Lists;
- provide system maintenance or handle system malfunctions;
- develop new services and functions;
- contact you regarding your use of the Website or any Frozen Mountain service;
- carry out identity verification and authentication services; and/or
- other separately and explicitly prescribed purposes.
We may also collect non-Personally Identifiable Information you choose to provide, such as your gender, age, marital status, occupation, hobbies, interests, lifestyle choices, preferences, affiliated schools and companies, general location, photographs, and videos. Additionally, we may collect technical information relating to your mobile phone, mobile device or computer and the way you interact with the Website, such as your IP address, browser type, and aggregate user data. This information is used to identify your internet browser, store your user preferences, authenticate user sessions, provide services, and determine whether you have installed the software necessary to access certain material or applications on the Website.
We may share your Personally Identifiable Information with third parties for the following reasons:
- we may provide your Personally Identifiable Information to third parties who help facilitate the Website (for example, by providing website development, statistical analyses, data processing, or sending communications to users), but for use solely in connection with facilitating the Website;
- we may provide your Personally Identifiable Information to financial institutions, credit card companies, collection enterprises, and other enterprises that process payments or represent the buyer or seller to facilitate payment owed to us or to a seller when you submit such Personally Identifiable Information for the purposes of effecting a purchase or other financial transaction;
- we may provide your Personally Identifiable Information to persons who owe us a duty of confidentiality in connection with a legitimate business purpose of Frozen Mountain;
- we may provide your Personally Identifiable Information to third parties, including, but not limited to, law enforcement agencies, state, local or federal governments, private litigants, and other companies, as may be required to (1) comply with lawful requests such as subpoenas or court orders, (2) comply with applicable state, federal, or local law, (3) prevent fraud or other illegal activities from being perpetrated through the Website, or (4) protect the property, safety, or legal rights of Frozen Mountain and its users;
- we may provide your Personally Identifiable Information to any third party whom you have consented to receive your personal information;
- we may provide your Personally Identifiable Information to affiliated companies or business successors of Frozen Mountain; and/or
- we may provide your Personally Identifiable Information to third parties as otherwise separately and explicitly prescribed.
Third Parties Who May Collect Information
The following third parties may collect information through the Website, but (subject to Section 2) such information shall not include Personally Identifiable Information unless you post or publish such Personally Identifiable Information in areas of the Website accessible to other users or the public:
- third parties that help facilitate the Website may, from time to time, collect information through the Website in the course of providing support;
- third party advertisers may collect information about your mobile phone, computer or mobile device relating to the way you interact with the Website, or which third party advertisers you visit;
- third parties may collect other information that you voluntarily post or publish through the Website in any way; and/or
- web-crawlers such as Google or Yahoo may collect information through the Website.
Frozen Mountain supports secure online shopping using secure server technology because we want your shopping experience to be simple and safe. Frozen Mountain will use commercially reasonable measures to safeguard Personally Identifiable Information stored in our servers and databases against loss, theft, and unauthorized disclosure or use. Please be aware that no security measures are perfect. Furthermore, we cannot control the actions of third parties with whom you choose to share information. We are therefore not responsible for circumvention of any security measures by third parties or of any unauthorized access or use of your Personally Identifiable Information made by third parties. Any disclosures that you make of your own volition to the Website or anyone else are made at your own risk.
If you ask us to delete your Personally Identifiable Information from our records, we will use commercially reasonable efforts to do so while retaining any record necessary to comply with a governmental authority or applicable federal, state, or local law. Even after removal, however, copies of your Personally Identifiable Information may remain viewable in cached or archived pages or if other users have copied or stored such information. If you would like to contact us to retrieve the Personally Identifiable Information we have stored, please contact us at:email@example.com.
Non-personally identifiable information about your mobile phone, computer, or mobile device and the way that you interact with the Website may be collected through the use of small text files known as "cookies," which can be downloaded to your mobile phone, computer, or mobile device for record-keeping purposes. Some cookies remain on your mobile phone, computer or mobile device until they are deleted.
Some people find the idea of a website storing information on their computer or mobile device to be intrusive, particularly when this information is stored and used by a third party without them knowing. Although cookies are generally quite harmless, you may not, for example, want to see advertising that has been targeted to your interests using your browser history. If you prefer, you may choose to block some or all cookies, or even to delete cookies that have already been set; but you should be aware that you might lose some functions of the website.
If you want to restrict or block the cookies that are set by our Site, or any other site, you can do so through your browser setting. The ‘Help’ function in your browser should explain how. Alternatively, you can visit www.aboutcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers. You will find general information about cookies and details on how to delete cookies from your machine.
Our Website includes order forms that you fill out to request information, products, and services. These forms collect your financial information, such as your banking details or credit card numbers. Frozen Mountain will use any financial information that you submit solely for billing and payment purposes for that special transaction unless you grant permission for further use.