Unless otherwise agreed to in writing, the following terms of use (“Terms”) cover the use of ICEsoft’s Voyent Alert! service.  You accept these terms by completing the registration process and creating your Voyent Alert! account.  If you do not consent to these terms please quit and terminate your registration process now.

TERMS OF USAGE

By agreeing to the Terms you are agreeing that when accessing the Voyent Alert! system or utilizing the Voyent Alert! services you will abide by the following rules:

You won’t utilize the service to do anything illegal.

You won’t engage in any activity that exploits, harms or threatens harm to others.

You won’t transmit language or content that may be derogatory or offensive to others.

You won’t use the system to send Spam.

You won’t use the system to transmit inappropriate content or material (for example nudity, pornography, graphic violence, criminal activity, hate speech, terrorist content, advocating violence against others etc.).

You won’t take action to circumvent restrictions on your or others access to the Voyent Alert! service.

You won’t engage in activity that may be harmful to the Voyent Alert! service, its performance or provisioning (for example transmission of computer viruses, engaging in hacking of the service, denial of service attacks etc.).

You won’t use the service to infringe upon other third party rights (i.e. unauthorized sharing of copyrighted materials).

You won’t engage in activity that violates the privacy of others as it pertains to the Voyent Alert! service,

You won’t assist others in breaking the above rules.

SERVICE AVAILABILITY

ICEsoft strives to keep the Voyent Alert! service up and running at all times.  That said, all software services may suffer occasional outages and disruptions, either planned or unplanned.  Further, Voyent Alert! is dependent upon certain third party services to provide the services and these services may be unavailable from time to time. ICEsoft shall not be liable for any disruption or loss you might experience as a result of any service disruption.

SOFTWARE LICENSE

In the event that you are accessing the Voyent Alert! service by way of a downloadable mobile application, ICEsoft grants to you a restricted right to install and use one copy of the application per appliance on a worldwide basis solely for the purposes of accessing and using the Voyent Alert! service. This license grant is restricted and you may not:

Dissemble, compile, decrypt, reverse engineer, or hack any of the application software or any other aspect of the Voyent Alert! service that is accessible via the application.

Separate or dissemble elements of the application software for use in different applications or devices.

Publish, copy, license, sell, distribute, or lease the application software or the Voyent Alert! services unless authorized to do so in writing by ICEsoft.

Transfer this license or any associated rights to any other person.

Utilize the Voyent Alert! services in any way that could interfere with the performance of the service or any other person’s use of the service.

WARRANTIES

ICESOFT AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF THE VOYENT ALERT! SERVICES BEING ACCESSED OR THE APPLICATION USED TO ACCESS THEM.  THE SERVICE AND ANY ASSOCIATED APPLICATION IS PROVIDED ON AN “AS IS” BASIS WITH ALL SUCH FAULTS AND ERRORS AS MAY BE INCLUDED.  YOU, THE USER SHALL BEAR THE ENTIRE RISK OF USING THE SERVICE.  ICESOFT DOES NOT GUARANTEE OR WARRANT THE ACCURACY OF THE CONTENT OF SYSTEM COMMUNICATIONS OR CONTENT, NOR DOES IT GUARANTEE OR WARRANT THE TIMELINESS OF DELIVERY, IF AT ALL.  TO THE MAXIMUM EXTENT PERMITTED UNDER LAW ICESOFT EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO FOR MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, OR FITNESS TO PERFORM A PARTICULAR FUNCTION OR PURPOSE.  YOU THE USER ACKNOWLEDGES THAT COMMUNICATION SYSTEMS ARE NOT FREE OF ERRORS AND THAT THE SYSTEM MAY CONTAIN BUGS AND OR BE SUBJECT TO INTERRUPTIONS AND DOWNTIME.  ICESOFT DOES NOT GUARANTEE THAT THE SERVICES WILL BE ERROR FREE, SECURE FROM INTRUSION AND DATA LOSS, OR UNINTERRUPTED IN OPERATION.

LIMITATION OF LIABILITY

IN THE EVENT YOU, THE USER, HAS ANY BASIS FOR RECOVERY OF DAMAGES FROM USING THE VOYENT ALERT! SERVICE OR ASSOCIATED APPLICATIONS, YOU AGREE THAT YOUR EXCLUSIVE AND MAXIMUM REMEDY IS TO RECOVER FROM ICESOFT OR ITS AFFILIATES DAMAGES UP TO AN AMOUNT EQUAL TO ANY SERVICES FEES PAID BY YOURSELF TO ICESOFT OVER THE PRIOR TWELVE MONTHS OF SERVICE.  IF THE VOYENT ALERT! SERVICES ARE PROVIDED TO YOU AT NO DIRECT COST TO YOURSELF, THEN YOU AGREE THAT YOUR EXCLUSIVE AND MAXIMUM REMEDY TO RECOVER DAMAGES SHALL BE ONE DOLLAR CANADIAN.   THESE LIMITATIONS OF LIABILITY AND EXCLUSIONS APPLY EVEN IN THE EVENT THAT THE REMEDY FAILS TO FULLY COMPENSATE YOU FOR ANY LOSSES, OR IF ICESOFT KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THE TERMS, OR THE VOYENT ALERT! SERVICES OR ANY APPLICATIONS OR SOFTWARE RELATED TO THE VOYENT ALERT! SERVICES.

CONSQUENCES AND ENFORCEMENT

In the event ICEsoft, in its sole discretion, concludes that you have violated any of the above terms, we shall have the right to close your account and terminate your access to the Voyent Alert! service without prior notice.

CONTACTING US

In the event you communicate to us via email, phone, or SMS we will use your provided contact information only to provide our intended communication service or to respond to the concerns you are writing about. Your communication details may be shared with appropriate people within the Company and/or the Message Provider in order to provide a suitable response to your concerns.

If you have any questions about any of the above terms and conditions, please feel free to contact us.