Welcome to www.icakostika.com (the "US Site"), the United States online store of ICA & KOSTIKA, which is operated by Ica & Kostika, LLC, 430 SW 13th Ave Apt #912, Portland, OR 97205. (Ica & Kostika, LLC and its affiliates, are hereinafter collectively referred to as "Ica & Kostika".) 

USE OF THE SITE

This General Terms and Conditions of Use governs the US Site, and all sites of the affiliates of Ica & Kostika. By using the US Site, you expressly accept and agree to abide by all provisions set forth herein. Do not use the US Site if you do not accept and agree to the General Terms and Conditions of Use. If any material on the US Site, or your use of the US Site, is contrary to the laws of the place where you are when you access it, the US Site is not intended for you, and Ica & Kostika asks that you do not to use the US Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

The US Site is available only for your personal use, which shall be limited to viewing the US Site, providing information to the US Site, downloading product information for your personal review and for the purchase of products.

Ica & Kostika may at any time revise the General Terms and Conditions of Use by updating this page. You are bound by any revisions and should periodically visit this page to review the current General Terms and Conditions of Use.

You also may be subject to additional Terms and Conditions of Use that are applicable to certain parts of the US Site. Ica & Kostika may terminate the General Terms and Conditions of Use and deny you access to the US Site at any time, immediately and without notice, if in Ica & Kostika’s sole discretion you fail to comply with any provision of these General Terms and Conditions of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between Ica & Kostika and you as a result of this Agreement or your use of the US Site.

Ica & Kostika, LLC is the owner of all of all rights in the ICA & KOSTIKA trademarks and logos.

The failure of Ica & Kostika to exercise or enforce any right or provision of these General Terms and Conditions of Use shall not constitute a waiver of such right or provision.


OTHER SITE POLICIES

Please review our General Terms and Conditions of Sale and Privacy Policy (collectively, the “Site Policies"). All Site Policies are incorporated in these General Terms and Conditions of Use by this reference and, therefore, apply to your access to, use of and purchase of products from the US Site. If you do not agree to our Site Policies, please do not use the US Site. We reserve the right to make changes to the US Site, the Site Policies, and these General Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


PURCHASE FOR PERSONAL USE ONLY

You may purchase products on the US Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our General Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.

USER'S SUBMISSIONS

NOTE: THIS SECTION DOES NOT APPLY TO PERSONAL DATA SUPPLIED BY YOU TO THE US SITE, SUCH AS YOUR NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND THE LIKE. PLEASE SEE OUR PRIVACY POLICY STATEMENT FOR INFORMATION REGARDING OUR TREATMENT OF PERSONAL DATA.

We welcome your comments and feedback regarding the US Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, the “Submissions”) disclosed, submitted or offered to the Provider via the US Site, or otherwise, are not confidential. You represent and warrant that any Submissions that you submit to the Provider are made in compliance with applicable laws, do not violate any right of any third party, including privacy and intellectual property rights. By disclosing, submitting or offering any Submissions to the Provider, you grant the Provider and Ica & Kostika a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media. You are and shall remain solely responsible for any Submissions you disclose, submit or offer to the Provider or Ica & Kostika.

PRIVACY

We recommend that you read our Privacy Policy, which explains our online privacy practices.

COPYRIGHT INFORMATION

All content included on www.icakostika.com, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the US Site (the "Code"), is the property of Ica & Kostika or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, copy, modify, upload, download, transmit, create derivative work from, or exploit in any way, in whole or in part, the Code or Content without the prior express written consent of Ica & Kostika, or its content suppliers, as the case may be. Ica & Kostika and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, copying, modification, uploading, downloading, transmission, creation of derivative work from, or exploitation in any way of, in whole or in part, the Code or Content. Ica & Kostika and its content suppliers shall have the right, at any time, to claim the authorship of any Code or Content posted on the US Site and to object to any use, distortion or other modification of such Code or Content. Any reproduction, publication, distribution, display, copying, modification, uploading, downloading, transmission, creation of derivative work from, or exploitation in any way of, the Code or Content expressly authorized in writing by Ica & Kostika or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws. All names, logos and trademarks which appear on the US Site are the property of Ica & Kostika or are used by Ica & Kostika under license. Your failure to comply with this General Terms and Conditions of Use will constitute breach of contract and will violate Ica & Kostika’s copyright, trademark and other proprietary and industrial property rights.

NO LICENSE


Except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Ica & Kostika.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

While Ica & Kostika attempts to provide complete, accurate and up-to-date information, there may be inadvertent technical or factual inaccuracies and typographical errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. Ica & Kostika reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice. Ica & Kostika does not claim that the information on the US Site is appropriate to your jurisdiction or that the products described on the US Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to use of the US Site. Ica & Kostika disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the US Site, including, but not limited to, all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. Ica & Kostika does not warrant that the US Site is free of computer viruses, bugs or other harmful components. Ica & Kostika does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. Ica & Kostika does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the US Site. Ica & Kostika does not have any duty to update the US Site or modify their Content or Code, and Ica & Kostika shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on the US Sites before relying upon it.

Ica & Kostika makes no warranties of any kind regarding any non-Ica & Kostika websites to which you may be directed or hyperlinked from the US Site. Hyperlinks are included solely for your convenience, and Ica & Kostika makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Ica & Kostika sites.

IN NO EVENT SHALL ICA & KOSTIKA, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE US SITE.

ADDITIONAL DISCLAIMER

IN NO EVENT SHALL ICA & KOSTIKA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO PROPERTY AND INJURY OR DEATH TO PERSONS, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE US SITE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ica & Kostika and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the US Site and any violation of these General Terms and Conditions of Use. If you cause a technical disruption of the US Site or the systems transmitting the US Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Ica & Kostika reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Ica & Kostika in the defense of such matter.

SEVERABILITY

If any provision of the General Terms and Conditions of Use is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

DISPUTES

Any dispute relating in any way to these General Terms and Conditions of Use, your visit to the US Site, or to any purchase, return or other transaction with the US Site shall be submitted to confidential arbitration in Portland, Oregon. Any claim or cause of action you may have with respect to Ica & Kostika or the US Site must be commenced within one (1) year after the claim or cause of action arose. However, if you have in any manner violated or threatened to violate any Ica & Kostika Intellectual Property right, Ica & Kostika may seek injunctive or other appropriate relief in any state or federal court in Portland, Oregon. You consent to exclusive jurisdiction and venue Portland, Oregon. Any arbitration under this agreement and these General Terms and Conditions of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

ENTIRE AGREEMENT AND ADMISSIBILITY

The General Terms and Conditions of Use and any policies or operating rules posted on this US Site constitute the entire agreement and understanding between you and Ica & Kostika with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these General Terms and Conditions of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the US Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.