Terms and Conditions of Use of iCapSolutions LLC
DBA MailGrail Inc
This agreement was last updated August 2006
Rights and restrictions on use.
You shall use the web site for lawful purposes only. you shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You are prohibited from using this site to facilitate mail abuse or spam. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of our site at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the site or restrict access to all parts of the site without notice or liability.
Disclaimer of warranties.
iCapSolutions LLC is a conduit and intermediary for third party clients. The materials and the information offered on and in this site are provided "as is" and without warranties of any kind, either expresses or implied. You expressly agree that your use of this web site and your receipt of emails from this site, are at your sole risk. To the fullest extent permissible pursuant to applicable law, iCapSolutions LLC disclaims all warranties, express or implied, including, but not limited to, warranties of title, implied warranties of merchantability and fitness for a particular purpose related to the use of the web site. iCapSolutions LLC does not warrant that the web site, computer systems or software will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. You (and not iCapSolutions LLC) assume the entire cost of all necessary servicing, repair or correction.
Limitation of liability.
You assume total responsibility and risk for your use of this site and access thereto. You agree to indemnify, defend and hold harmless iCapSolutions LLC from and against any and all damages, claims, demands and liabilities, including attorney’s fees that directly or indirectly arise from, relate to, or result from use of this web site, either during this agreement or after termination, and/or any service provided by iCapSolutions LLC. The entire liability of iCapSolutions LLC, its officers, clients, providers, and authorized agents and your exclusive remedy shall be limited to actual damages incurred by you based on reasonable reliance up to the greater of the amount actually paid by you or U.S. $5. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Intellectual property and copyright infringement notice.
This site is controlled and operated by iCapSolutions LLC. our proprietary software, and our materials on this web site, including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "intellectual property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by our web site or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. We authorize you to download one temporary copy of parts or all of the intellectual property to a single computer for purposes of viewing and browsing the intellectual property, except where otherwise specified. except as expressly authorized herein, material from this web site and from any other web site owned, operated, controlled, or licensed by iCapSolutions LLC may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of iCapSolutions LLC intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.
Any and all claims, disputes or controversies arising out of or relating to this agreement, or breach thereof, shall be resolved by binding individual (and not class) arbitration by and under the code of procedure of the American arbitration association ("AAA") in effect at the time the claim is filed. This agreement to arbitrate disputes shall apply no matter by whom or against whom the claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce. It shall be governed by the federal arbitration act, 9 U.S.C. sections 1-16.
iCapSolutions LLC does not knowingly collect information from anyone under the age of 18. This site is directed at those who are over the age of 18. If someone is under the age of 18, they should only use this site under the supervision of an adult.
This site is controlled and operated by iCapSolutions LLC from its offices within the state of California, United States of America. We make no representation that materials in our web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Los Angeles County, California or the federal courts in the southern district of California to resolve any disputes arising under this agreement.
Assignment and succession.
You may not grant, devise, or otherwise assign any rights or benefits under this agreement to any other party. Notwithstanding any other provision of this agreement, iCapSolutions LLC, its successors and assigns may fully enforce any term or provision of this agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
© iCapSolutions LLC, 2004
1140 Highland Ave, #214
Manhattan Beach, CA 90266