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Privacy Policy

Last Updated: November 9, 2022

ICaPath, Inc. (“ICaPath,” “we,” “our,” or “us”) values your privacy. This Privacy Policy (“Policy”) describes how ICaPath collects, uses, and discloses personal information we collect when you visit https://www.icapath.com/ (the “Site”), and interact with the services available through our Site (collectively, the “Services”).

By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Services and any dispute over privacy is subject to this Policy and our Terms of Use, available at https://www.icapath.com/, including their applicable terms governing limitations on damages and the resolution of disputes.

Information We Collect About You

How We Use Your Information

How We Disclose Your Information

Cookies and Other Tracking Mechanisms

Your Choices

Children’s Information

External Links

Security

Changes to this Policy

Contact Us

Information We Collect About You

As further described below, we collect information directly from you, and automatically through your use of the Site and Services.

Information We Collect Directly From You

The information we collect directly from you depends on how you use our Services or otherwise interact or engage with us. The information we collect directly from you may include:

Contact Information. If you contact us or otherwise communicate with us, including by email, or through our online web forms, we collect your name, email address, phone number, and other information you choose to provide. We also maintain a record of your contact details, communications, and our responses.
Preferences and Other Requests. We may collect information about your preferences, including communications preferences and other preferences you provide when interacting with us.

Information We Collect Automatically

When you visit our Site, we and our service providers automatically collect certain information through cookies, javascript, and other technologies. When you visit our Site, we automatically collect information including IP address, unique ID, access time, browser and device information, and general location information, such as your region. We also may collect information related to how you interact with the Services, such as page views, links and items clicked, referring URL, browsing history and other similar information.

To the extent permitted by law, we may combine this information with other information that we have collected about you. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

How We Use Your Information

We collect, use, disclose and otherwise process the information we collect about you for the following purposes:

Services and Support. To provide and operate our Services, communicate with you about your use of the Services, provide troubleshooting and technical support, respond to your inquiries, communicate with you about the Services, and for similar support purposes.
Analytics and Improvement. To better understand how users access and use the Services, and our other products and offerings, and for other research and analytical purposes, such as to evaluate and improve our Services and business operations, to develop services and features, and for internal quality control and training purposes.
Marketing. For marketing purposes. For example, to send you information about our Services, such as newsletters and other marketing content, including information about ICaPath events, technologies, and new offerings, as well as any other information that you sign up to receive.
Research and Surveys. To administer surveys and questionnaires, such as for market research or user satisfaction purposes.
Security and Protection of Rights. To protect the Services and our business operations, and to protect our rights or those of our stakeholders; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms of Use.
Compliance and Legal Process. To comply with the law and our legal obligations, to respond to legal process and related to legal proceedings.
General Business and Operational Support. To assess and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financings, and to administer our business, accounting, auditing, compliance, recordkeeping, and legal functions.

How We Disclose Your Information

We may disclose the information we collect for the purposes described above and as follows:

Affiliates. We may disclose information we collect about you to our affiliates.
Vendors and Service Providers. We may disclose the information we collect to vendors and service providers who perform functions on our behalf, such as IT and website hosting, marketing and market research service providers, customer support, data storage, analysis and processing service providers, auditors, consultants and legal counsel.
Marketing Partners and Analytics Providers. We may also disclose your personal information, such as name and contact information, to companies who provide marketing or analytics services on our behalf. For more information see the “Cookies and Other Tracking Mechanisms” section below.

We also may disclose your information in the following circumstances:

In Support of Business Transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may share or transfer the information we have collected from you with or to the other company. We may also disclose certain information as necessary prior to the completion of such a transaction or other corporate transaction such as a financing or restructuring, to lenders, auditors, and third-party advisors, including attorneys and consultants.
Compliance and Legal Obligations. We may disclose information to third parties to comply with our legal and compliance obligations and to respond to legal process. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.
Security and Protection of Rights. We may disclose personal information where we believe doing so is necessary to protect the Services, our rights and property, or the rights, property and safety of others. For example, we may disclose personal information to (i) prevent, detect, investigate and respond to fraud, unauthorized activities and access, illegal activities, and misuse of the Services, (ii) situations involving potential threats to the health, safety or legal rights of any person or third party, or (iii) enforce, detect, investigate and take action in response to violations of our Terms of Use. We may also disclose information, including personal information, related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.
Aggregate and Non-Identifiable Data. We may use and disclose aggregate and other data that is not personal information related to our business and the Services for quality control, analytics, research, development and other purposes.

Cookies and Other Tracking Mechanisms

We and our service providers use cookies and other tracking mechanisms to automatically collect information, including browsing activity, device, and similar information within our Services. We use this information to, for example, analyze and understand how users access, use and interact with our Site, as well to identify and resolve bugs and errors in our Services and to assess secure, protect, optimize and improve the performance of our Services.

Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process, support the security and performance of the Services, or allow us to track activity and usage data within Service. To prevent cookies from tracking your activity on our Site, you can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The “Help” portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies. Visitors to our Site who disable cookies will be able to browse the Site, but some features may not function.

Third Party Analytics. We use third-party tools, such as Google Analytics, which are operated by third-party companies, to evaluate usage of our Site and Services. These third-party analytics companies use cookies, pixels, and other tracking technologies to collect data about our Services to provide us with reports and metrics that help us evaluate usage of our Services, improve our Sites, and enhance performance and user experiences. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/partners/. You can also download the Google Analytics Opt-out Browser Add-on to prevent your data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do Not Track. Currently, our Site and Services do not recognize “Do-Not-Track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).

Your Choices

We make available a number of ways that you can manage your privacy choices. These include:

Contact Information. You can update certain personal information we maintain about you (e.g., name, email address, and phone number) by contacting us using the information provided below.
Marketing and Other Communications. You can opt-out of receiving marketing or other email communications from us by following the instructions provided in each email we send you.

Children’s Information

Our Services are not directed to children, and we do not knowingly collect any personal information from children under the age of thirteen (13). If we become aware that we have collected information from a child under thirteen (13) years old online without parental consent, we will delete such information from our records.

External Links

Our Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Security

We have implemented safeguards that are intended to protect the information that we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

Changes to This Policy

This Policy is current as of the Last Updated date above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any updates to this Policy [here]. If we make material changes to how we collect, use and disclose the personal information we have previously collected about you, we will endeavor to provide you prior notice, such as by posting prominent notice on our Site or within the Services.

Contact Us

If you have questions about this Policy or our privacy practices, you may contact us via any of the methods described below:

Email: info@icapath.com
Phone: 234-262-1343

Privacy Policy

Terms Of Use

ICAPATH TERMS OF USE

THESE TERMS OF USE (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND ICAPATH INC. ("ICAPATH", "WE", "US" OR “OUR”) AND EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: https://icapath.com AND ALL ASSOCIATED ICAPATH SITES LINKED TO THE WEBSITE BY ICAPATH, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE THE CONTENT, AND SERVICES AVAILABLE THROUGH THIS SITE (THE "SERVICES"). BY USING THIS SITE, YOU ARE AGREEING TO ALL OF THE TERMS HEREIN; IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.

Changes.

ICaPath may make changes to the content and Services offered on the Site at any time. ICaPath can also change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on this Site. By using this Site after ICaPath has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

General Use.

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless ICaPath if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the ICaPath or the Site.

ICaPath provides content through the Site and through the Services that is copyrighted and/or trademarked work of ICaPath or ICaPath’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, ICaPath hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.

Electronic Communications.

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from ICaPath. These electronic communications may include notices and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with ICaPath. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy.

Please review ICaPath Privacy Policy, which is available at https://www.icapath.com (the “Privacy Policy”) which explains how we use information that you submit to ICaPath.

Third-Party Content.

Certain Materials that are not Submissions (as defined in "Submissions" below) may be provided by third-party licensors and suppliers to ICaPath (“Third-Party Content”) where separate and additional terms govern the use of that Third-Party Content.

Links to Third-Party Sites.

This Site may be linked to other web sites that are not ICaPath sites, including, without limitation, social networking, blogging and similar websites through which you are able to log into this Site using your existing account and log-in credentials for such third-party sites (any and all of which may change from time to time) (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on the Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than ICaPath, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy, terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. ICaPath provides links to the Third-Party Sites to you as a convenience, and ICaPath does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT ICAPATH WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply ICaPath's endorsement or recommendation.

Submissions.

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in ICaPath Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to ICaPath a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. ICaPath agrees to use any personally identifiable information contained in any of your Submissions in accordance with ICaPath’s Privacy Policy.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require ICaPath to monitor, police or remove any Submissions or other information submitted by you or any other user.

Unauthorized Activities.

When using this Site and/or the services, you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Use any robot, spider, scraper or other automated means to access the Site.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Alter the opinions or comments posted by others on this Site.
Post anything clearly false or misleading.
Post anything unrelated to our business, products or services.
Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive. ICaPath reserves the right to (a) terminate access to your account, your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that ICaPath determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. ICaPath may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ICaPath’s discretion, ICaPath will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.

You agree to indemnify and hold ICaPath and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) ICaPath or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Proprietary Rights.

The ICaPath logo, and all trademarks and service marks displayed on the Site are owned by ICaPath and/or its affiliates unless otherwise noted.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of ICaPath. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Intellectual Property Infringement.

ICaPath respects the intellectual property rights of others, and we ask you to do the same. ICaPath may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide ICaPath’s designated agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit ICaPath to locate the material.
Information reasonably sufficient to permit ICaPath to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
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 and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ICaPath’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

Attn: Steve Norch

Email: Steve.Norch@ICaPath.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to ICaPath designated agent that includes all of the following information:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which ICaPath may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

ICaPath reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.

Disclaimer of Warranties.

Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by ICaPath, and they may include inaccuracies or typographical or other errors. ICaPath does not warrant the accuracy of timeliness of the Materials contained on this Site. ICaPath has no liability for any errors or omissions in the Materials, whether provided by ICaPath, our licensors or suppliers or other users.

ANY WARRANTIES MADE BY COMPANY ARE FOR THE BENEFIT OF THE USER OF THE WEBSITE ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE LICENSED AND NOT SOLD. ICAPATH, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ICAPATH DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

ICAPATH SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICAPATH BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ICAPATH KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL ICAPATH’S TOTAL LIABILITY UNDER THESE TERMS EXCEED $100.

Local Laws; Export Control.

ICaPath controls and operates the Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.

Feedback.

If you send or transmit any communications, comments, questions, suggestions, or related materials to ICaPath, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and ICaPath is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that ICaPath is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Language.

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

General.

ICaPath prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by ICaPath, may result in immediate termination of your access to this Site without prior notice to you. The laws of the State of West Virginia, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in the State of West Virginia. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. ICaPath’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and ICaPath and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ICaPath about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact Us.

If you have any questions about these Terms or otherwise need to contact ICaPath for any reason, you can reach us by mail: at ICaPath Inc., 714 Venture Drive Suite 191 Morgantown, WV. 26058 or by email at: [info@icapath.com].

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