Terms of Service
Last Modified: November 28, 2016
These Terms of Service (these “Terms”) constitute an agreement between you, the user, and ICM Hub LLC (“ICM Hub”, "we" or "us"). These Terms govern your access to and use of the website located at www.icmhub.com, including any content, functionality and services offered on or through www.icmhub.com (the “Website”).
The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with ICM Hub. If you do not meet these requirements, you must not access or use the Website.
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.
Changes to these Terms
We may modify these Terms at any time in our sole discretion. We will post notice of changes to these Terms on this page. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website after the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, you should not access or use the Website after the Last Modified Date.
Data Privacy and Personal Information
The Website is operated from within the United States. If you access the Website from a location outside the United States, you are responsible for compliance with the laws of that jurisdiction regarding online conduct and acceptable content. ICM Hub makes no claim that the content of the Website may be utilized, accessed or appropriate outside the United States. You must not access or use the Website from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.
Third Party Links
The Website may link to independent third party websites or social media widgets. Such hyperlinks are provided for your reference and convenience only. ICM Hub is not liable for the availability or accuracy of such third party sources, and you assume all risk in using them. When you link to them, these third-party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information.
When you access third party websites or interact or communicate with third parties, including other users, through the Website, you do so at your own risk. ICM Hub is not responsible for the actions, content, information, data, practices, policies or opinions of any third parties, including other users. You are solely responsible for your interactions with other users of the Website, and any other parties with whom you interact through the Website. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you agree to keep such information confidential, and to not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.
You understand that ICM Hub provides the Website over the Internet, that such connections can be unpredictable, insecure, and unstable, and that ICM Hub cannot guarantee uninterrupted access to the Website. ICM Hub disclaims all liability in connection with any security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against ICM Hub in connection therewith.
We are constantly changing and improving our Website. We reserve the right to add or remove functionalities or features of the Website, and we may suspend or stop your access to the Website altogether, including, for example, if you do not comply with these Terms or if we are investigating suspected misconduct. You can stop using our Website at any time. We may also stop providing the Website to you, or add or create new limits to our Website or restrict your access to all or a part of the Website at any time without notice or liability. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. The right to access and use the Website is revoked in jurisdictions where it may be prohibited, if any.
ICM Hub grants to you a revocable, non-transferable, nonexclusive, limited and non-assignable right to access and use the Website in accordance with these Terms. ICM Hub reserves all other rights in the Website not expressly granted to you.
You grant ICM Hub a worldwide, unlimited, irrevocable, royalty-free right to publicly and privately use, publish, reproduce, display, copy, edit, perform, create derivative works from, or otherwise make use of any content you submit through the Website, including but not limited to forum posts, responses to community questions, chat messages and other content you upload to the Website (“User Content”). You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not ICM Hub, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website. We cannot guarantee the identity of any other users with whom you may interact in the course of using the Website, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
You grant ICM Hub a worldwide, unlimited, irrevocable, royalty-free right to publicly and privately use, distribute, modify, offer for sale or exploit any suggestions, ideas, criticism, or other type of feedback you make relating to the Website, with no obligation to pay you royalties or any other compensation.
User Conduct and Community Guidelines
You may use the Website only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you agree to use the Website in accordance with the provisions below:
- You will only use the Website in accordance with the laws of your jurisdiction for personal, non-commercial purposes.
- You will not impersonate or attempt to impersonate ICM Hub, a ICM Hub employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
- You will not post User Content that infringes another’s intellectual property rights.
- You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Website.
- You will independently verify the quality, relevance or accuracy of any information posted on the Website by others.
- You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Website or content on the Website in any form whatsoever other than as expressly permitted under these Terms.
- You will not use contact information received through the Website for phishing, spamming and other unsolicited communications or data collection.
- You will not post unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations.
- You will not use the Website in a manner intended to damage, disable, overburden or impair the Website or to disrupt or interfere with another's use of the Website.
- You will not attempt to hack or otherwise gain unauthorized access to the Website or user accounts.
- You will not use high volume, automated, or electronic means to access the Website (including without limitation robots, spiders or scripts).
- You will not affect the display of the Website through use of framing, pop-ups or third-party ads.
- You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Website.
- You will not post information that is inaccurate, false, fraudulent, misleading, unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable.
- You will not act in a manner that violates these Terms.
- You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.
- You will notify us immediately of any content of the Website that violates these Terms.
We have the right to: (i) remove or refuse to post any User Content for any or no reason in our sole discretion; (ii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for ICM Hub; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (v) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS ICM HUB AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Website and all past, present and future content of the Website, including all software, hardware and technology used to provide the Website (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Website, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Website, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of ICM Hub, are (i) owned by ICM Hub, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms.
Using our Website does not give you ownership of any intellectual property rights in our Website or any content on the Website. You may not use content from our Website, including User Content, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any of our technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Website.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by ICM Hub. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Claims of Copyright Infringement
If you believe that your copyrighted work has been unlawfully copied and is accessible on the Website in a way that constitutes copyright infringement, please send a notice of copyright infringement to:
ICM Hub LLC
Attn: Copyright Agent
c/o Platinum Filings
28 Old Rudnick Lane
Dover, DE 19901
The notice should include:
- Your full name and electronic or physical signature.
- Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
- A statement that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
- A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
- A description of the copyrighted work(s) that you claim has been infringed.
- A description of the location of the copyrighted materials on the Website.
Electronic Delivery Statement and Your Consent
You agree to receive legal notices and other information concerning ICM Hub or the Website electronically, including notice to any email address that you may provide.
Term and Termination
These Terms will remain in effect until terminated by you or ICM Hub. We reserve the right to terminate or change the Website or your access to the Website, without notice, at any time and for any reason, including your violation of these Terms or for business reasons. The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.
You agree that ICM Hub may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Website. ICM Hub has no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Website.
Disclaimer of Representations and Warranties
THE WEBSITE AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ICM HUB NOR ANY PERSON ASSOCIATED WITH ICM HUB MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ICM HUB NOR ANYONE ASSOCIATED WITH ICM HUB REPRESENTS OR WARRANTS THAT THE WEBSITE OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ICM HUB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
YOUR USE OF THE WEBSITE AND ANY CONTENT ON THE WEBSITE IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Website or any associated content against ICM Hub, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. ICM Hub, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Website or any associated content or User Content, (ii) any interaction with any third party through or in connection with the Website, including other users, (iii) any information offered or provided within or through the Website regarding medical conditions or otherwise, including by medical professionals, or (iii) any other matter relating to the Website. In no event shall ICM Hub, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
You are solely legally liable if your use or misuse of the Website or any associated content causes damage to the Website, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless ICM Hub, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Website, violation of these Terms or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
Choice of Law and Jurisdiction
You agree that the laws of the State of Delaware and U.S. federal law govern these Terms, your use of the Website, and any claim or dispute that you may have against ICM Hub, without regard to Delaware’s conflict of laws rules. You consent to the personal and exclusive jurisdiction of the federal and state courts of Delaware. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.
Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ICM Hub will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse ICM Hub for all fees associated with the arbitration paid by ICM Hub on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required. Except as otherwise provided in these Terms, you and ICM Hub may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and ICM Hub shall be exclusively brought in the state or federal courts of Delaware.
Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.
Severability and Integration
These Terms and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between you and ICM Hub. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You may not assign these Terms without ICM Hub’s prior written approval. ICM Hub may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ICM Hub’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and ICM Hub as a result of these Terms or your use of the Website. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ICM Hub in writing.
The Website is operated by ICM Hub LLC. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to us at:
ICM Hub LLC
c/o Platinum Filings
28 Old Rudnick Lane
Dover, DE 19901