TERMS & CONDITIONS
Please read the following carefully. By using Forever Icon’s services and website as a subscriber, registered user, participant, student, client, visitor or submitter, reader, advertiser, you are hereby agreed and subject to any and all terms and conditions listed below. Please be advised that these terms and conditions may be subject to change at anytime and without notice.
All workshops are by scheduled in advanced. Workshops will be conducted through group chat in central standard time only using a chat forum software. You must register to access online workshop workshops/discussions. The registration fee is $35.00 per workshop. There are no refunds, exchanges or credits. All fees are non-refundable, unless Forever Icon dissolves or cancels membership due to low or high enrollment. Refunds will be distributed through Paypal. To receive a refund, you may need to create a Paypal account, if necessary. To access our community and private forums, a separate account may need to be created to chat. To Join Forever Icon, you must be a current high school student in 9th, 10th, 11th or 12 grade between the ages of 14 and 18.
Online workshops will vary in time but would allow at least 15 minutes for any questions or comments the member may have. However, due to time, all questions may not be answered, but our goal is to respond to as many participants as possible. All workshops are conducted through real-time group chat. A minimum of at least (10) workshops per year will be available. The maximum number of registered members could vary from (3o) to (50). Registration is first come, first served for workshops. However, additional workshops may be added throughout the year and more spaces for registration may increase depending on the workshop topic and demand. Dates and times of Forever Icon’s online workshops. All members and registered participants will be required to create an online group chat account to participate. All workshops will take place during live or real-time group chat. All members will need to create a Forumbee account to participate in online workshops.
Last Updated: July, 2017
Forever Icon offers online personal development, educational and career workshops via email, phone or online chat. All services are non-refundable, no exchanges or credits. All sales are final. By reserving a service, you agree to Forever Icon’s terms and conditions and that this site is designed for educational purposes only. It is intended to assist, not replace or give any guarantee of employment, interview, promotion and etc.
Forever Icon LLC, Inc. provides services through its websites, advertisements features, programs, computer servers and third party computer servers and pay features, but not limited to Forever Icon product/brand submissions, postings, advertisements, and email or text forwarding. (All such services are referred to collectively herein as “Forever Icon”. By accessing or using Forever Icon, “you” are a “user, “submitter”, “subscriber”,”visitor”, “registered User” “participant” “student” “client” and you accept and agree to the terms below (the “Terms & Conditions”) as a legal contract between you and or the company and Forever Icon. The Terms &; Conditions of Forever Icon can incorporate additional terms (“guidelines”) applicable to particular categories or services available on Forever Icon as set forth to users upon access to such categories or services. Forever Icon may post changes to the Terms & Conditions at any time without notification, and any such changes will be applicable to all subsequent access to or use of Forever Icon.
If you do not accept and agree to all provisions of the TERMS & CONDITIONS, now or in the future, you may reject the TERMS & CONDITIONS by immediately terminating all access and use of Forever Icon, in which case any continuing access or use of Forever Icon is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on Forever Icon.
Forever Icon is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.
The TERMS & CONDITIONS grant you a limited, revocable, nonexclusive license to access Forever Icon and use Forever Icon, in whole or in part, but not limited to Forever Icon intellectual property therein, solely in compliance with the TERMS & CONDITIONS.
“FOREVER ICON” are trademarks and are protected by United States and international laws. The TERMS & CONDITIONS do not authorize you to use “FOREVER ICON” or any similar or related marks (for example and without limitation, for any use pertaining to Forever Icon online calendar, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with Forever Icon.
FOREVER ICON has the right, but not the obligation, to regulate content (but is not limited to website activities, advertisements that are submitted, postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other use communications (“content”)) posted to, stored on or transmitted via Forever Icon by any user (or any other third party in any manner); to regulate conduct (but not limited to any authorized or unauthorized access to or use of Forever Icon) by any user and or company (or any other third party in any manner); and to enforce the TERMS & CONDITIONS, for any reason and in any manner or by any means that FOREVER ICON , in its sole discretion, deems necessary or appropriate (but not limited to automated and manual screening, blocking, filtering, ex Forever Icon using from index pages, ex Forever Icon using from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, submissions, postings and/or all or any use or access). FOREVER ICON may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. FOREVER ICON action or inaction to regulate content or conduct or to enforce against any potential violation of the TERMS & CONDITIONS by any user (or any other third party) does not waive FOREVER ICON ‘s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TERMS & CONDITIONS violation.
You also understand and agree that any action or inaction by FOREVER ICON or any of its directors, officers, key holders, employees, consultants, agents or representatives (collectively, “FOREVER ICON Representatives”) to prevent, restrict,redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TERMS & CONDITIONS violation is undertaken voluntarily and in good faith, and you expressly agree that neither FOREVER ICON nor any FOREVER ICON Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TERMS & CONDITIONS.
FOREVER ICON also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of Forever Icon at any time without notice. FOREVER ICON and FOREVER ICON Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
3. CONTENT AND CONDUCT
FOREVER ICON does not control, is not responsible for and makes no representations or warranties with respect to any user content and or company content that is submitted and or posted. You and or the company are solely responsible for your access to, use of and/or reliance on any user content and company submissions that we receive and that is posted. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content and or company submissions and postings.
You and or the company are also responsible for any content that you submit, posted by Forever Icon or transmit and, if you submit an event you are responsible for all content submitted, posted by Forever Icon or transmitted through or by use of your submission.
You automatically grant and assign to FOREVER ICON , and you represent and warrant that you have the right to grant and assign to FOREVER ICON , a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (without limitation, incorporating into other works) and otherwise use any content that you submit and or is posted. You also expressly grant and assign to FOREVER ICON all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you submit and or post (but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you submit and or post).
You agree to indemnify and hold FOREVER ICON and FOREVER ICON Representatives harmless from and against any third-party Forever Icon aim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your submission (without limitation, all content submitted and or posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TERMS & CONDITIONS. This indemnification obligation in payment of any attorneys’ fees and costs incurred by FOREVER ICON or FOREVER ICON Representatives.
FOREVER ICON does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to Forever Icon, and, if you submit an event to Forever Icon to be posted, you are responsible for all conduct or activities on, through or by your submission that was posted.
You agree to indemnify and hold FOREVER ICON and FOREVER ICON Representatives harmless from and against any third-party Forever Icon aim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Forever Icon or FOREVER ICON , and related to or arising out of any conduct or activities on, through or by use of your Forever Icon submission and or posting, if any. This indemnification obligation including payment of any attorneys’ fees and costs incurred by FOREVER ICON or FOREVER ICON Representatives.
4. ONLINE SCHEDULING, SUBMISSIONS, POSTINGS AND VIEWING
This section 4 applies to all uses, users of Forever Icon, unless FOREVER ICON has specifically authorized an exception to a particular term for a particular user in a written agreement. FOREVER ICON has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.
Forever Icon is intended and designed as an online service. A user and or company may submit an event only to the single specific geographic area/state and category offered on Forever Icon for which that content is most relevant. The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas/state and category should not be submitted to Forever Icon.
Due to unforeseen circumstances, and Third Party Websites, Forever Icon cannot always guarantee that your payment will be received or your reservation will be released to subscribers on the date and time scheduled in Central Standard Time. Forever Icon utilizes multiple third party websites and computer servers that may result in technical difficulties and or slow responses. However, Forever Icon will do our best to make sure your payment is processed and posted in a timely manner. We recommend that you submit your consultation/reservation at least a thirty-one (31) business days in advance to avoid any interruptions.
Forever Icon will allow clients to schedule online consultations based on the date and time that you choose from the online scheduling calendar in Central Standard Time. But, due to unforeseen circumstances, Forever Icon cannot always guarantee your consultation will be sent out on time or scheduled. Please review the previous paragraph.
A user and or company may submit content only in the single Forever Icon category to which it is most relevant, and must not post content to inappropriate categories. .
Where a Forever Icon category provides specific subcategories for posts by particular types of users a user may post content only in the single user sub-category most accurate for that user.
Users may not circumvent any technological measure implemented by FOREVER ICON to restrict the manner in which content may be posted on Forever Icon or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition Forever Icon includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise);the use of multiple IP addresses (via proxy servers, modem toggling, or
otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent Forever Icon accounts, Forever Icon including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”
It is expressly prohibited for any third party to post content to Forever Icon on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
It is expressly prohibited to post content to Forever Icon using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to FOREVER ICON for each instance of access to Forever Icon (by any user or other third party) using that automated means.
Affiliate marketing is expressly prohibited on Forever Icon. Users may not post content or communicate with any Forever Icon user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
Under no circumstances shall Forever Icon be responsible for any loss or damage, including financial, personal injury or death, resulting from your online consultation.
Forever Icon will collect your email address, first name, last and location when you schedule an online consultation.
b. You must be of the age of 14 to 18 years or older to schedule an online consultation. You agree that you are 14 to 18 years or older. You is responsible for the information that you submit to Forever Icon, regardless if you were aware of the information or not.
d. You give Forever Icon permission to adjust/re-size, delete, modify or any other changes regarding your consultation that is deemed inappropriate or did not submit correct information.
e.You must notify Forever Icon in writing via email or postal mail if you submitted any information in error. We assume the information that was submitted t is correct.
f.Under no circumstances shall Forever Icon be held responsible for any loss or damage, including financial, personal injury, death, resulting from the information that you submitted to us to post.
g. Under no circumstances shall Forever Icon be held responsible for any loss or damage including financial, personal injury, death resulting from a product that was purchased from the result of Forever Icon’s website. Forever Icon is not responsible for any security breaches that may result in your information being compromised.
h.You understand that Forever Icon shall not be held responsible for any loss or damage, including financial, personal injury, death resulting from inaccurate or wrong information that was submitted on Forever Icon’s website or sent out by Forever Icon.
i. You understand that Forever Icon shall not be held responsible for third party websites, programs, servers, hosting, or any other technological programs that Forever Icon uses.
j. It is your responsibility to verify that your online consultation has been scheduled on the date and time that you selected through our online scheduling calendar.
k. Forever Icon has the right to publicly mention your name, likeness without informing you for marketing purposes.
l. Forever Icon has the right to discontinue services at anytime without notification. But, if you submitted payment for online consulting, Forever Icon will refund your fee, only if Forever Icon has permanently discontinued services. The fee will be refunded within a hundred and eighty days of discontinuation of services.
m. You understand that Forever Icon will use a LIVE chat software to perform online consultation. Forever Icon is not held responsible for any third party software programs, servers, hosting or any other technological programs.
n. You understand that Forever Icon has the right to end, suspend, or terminate a LIVE chat at anytime due to inappropriate behavior, language and etc.
o. You understand that there are no refunds, exchanges or credits allowed if there is a fee for consultations. However, if online consultations are free, it will be stated when booking. A client may re-schedule an online consultation if there is availability.
A user may maintain and use no more than one account to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.
A user may create an account, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts for him/her. The creation of accounts for others is expressly prohibited.
A user must only use his/her own account and may not use any account of another.
The purchase and sale of accounts, is expressly prohibited.
A user must create his/her account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of an account using a telephone number that is not the user’s own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process is also expressly prohibited.
You must be 14 to 18 years or older to sign-up for our mailing list and register for online workshops. If you are not 18 years or older, you must receive a parent or guardian’s permission who is 18 years or older to join mailing list and register for online workshops. As a client, you agree that you are 18 years or older and (or) you have received a parent or guardian’s permission who is 18 years or older.
As a client, you agree to sign-up under one email address with one location.
All E-newsletters are free to sign-up for.
5. UNAUTHORIZED ACCESS AND ACTIVITIES
This section 5 applies to all uses and users of Forever Icon, unless FOREVER ICON has specifically authorized an exception to a particular term for a particular user in a written agreement. FOREVER ICON has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.
To maintain the integrity and functionality of Forever Icon for its users, access to Forever Icon and/or activities related to Forever Icon that are harmful to, inconsistent with or disruptive of Forever Icon and/or its users’ beneficial use and enjoyment of Forever Icon are expressly unauthorized and prohibited. For example, without limitation:
The collection of Forever Icon users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
Any copying, aggregation, display, distribution, performance or derivative use of Forever Icon or any content posted on Forever Icon whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access Forever Icon without individual written agreements executed with FOREVER ICON that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant Forever Icon website, service, forum or content; (b) they access Forever Icon from a stable IP address using an easily identifiable agent; and (c) they comply with FOREVER ICON ‘s robots.txt file; provided however, that FOREVER ICON may terminate this limited exception as to any
search engine or public archive (or any person or entity relying on this
provision to access Forever Icon without their own written agreement executed with FOREVER ICON ), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.
Any access to or use of Forever Icon to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (in Forever Icon without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or inter-operation with Forever Icon (in Forever Icon, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access Forever Icon or copy, display, distribute, perform or create derivative works from Forever Icon webpages or other FOREVER ICON intellectual property in violation of the TERMS & CONDITIONS or for purposes inconsistent with the TERMS & CONDITIONS, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Forever Icon or any provision of the TERMS & CONDITIONS that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Forever Icon webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and rights of FOREVER ICON pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of Forever Icon in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of Forever Icon in compliance with the TERMS & CONDITIONS or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of Forever Icon in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TERMS & CONDITIONS.
6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
FOREVER ICON and FOREVER ICON Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications,
transactions, interactions, disputes or any relations whatsoever between you
and any other user, person or organization (“your interactions with
others”). You must conduct any necessary, appropriate, prudent or
judicious investigation, inquiry, research or due diligence with respect to
your interactions with others.
You agree to indemnify and hold FOREVER ICON and FOREVER ICON Representatives harmless from and against any third-party Forever Icon aim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation including payment of any attorneys’ fees and costs incurred by FOREVER ICON or FOREVER ICON Representatives.
YOUR ACCESS TO, USE OF AND RELIANCE ON FOREVER ICON AND CONTENT ACCESSED THROUGH FOREVER ICON IS ENTIRELY AT YOUR
OWN RISK. FOREVER ICON (INCLUDING WITHOUT LIMITATION, THE WEBSITES,PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS,SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, FOREVER ICON ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF FOREVER ICON AND CONTENT ACCESSED THROUGH FOREVER ICON; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE,MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF FOREVER ICON OR CONTENT ACCESSED THROUGH FOREVER ICON; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS
THROUGH, RELATED TO OR AS A RESULT OF USE OF FOREVER ICON OR CONTENT ACCESSED THROUGH FOREVER ICON (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON FOREVER ICON OR IN CONTENT).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow disclaimers of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
8. LIMITATIONS OF LIABILITY
FOREVER ICON AND THE FOREVER ICON REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON FOREVER ICON OR CONTENT ACCESSED THROUGH FOREVER ICON BY YOU OR ANYONE ELSE, OR FOR AND TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO FOREVER ICON OR CONTENT ACCESSED THROUGH FOREVER ICON, INFOREVER ICON UDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF FOREVER ICON OR ANY FOREVER ICON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF FOREVER ICON OR CONTENT ACCESSED THROUGH FOREVER ICON; ANY INABILITY TO ACCESS OR USE FOREVER ICON OR CONTENT ACCESSED THROUGH FOREVER ICON; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF FOREVER ICON OR CONTENT ACCESSED THROUGH FOREVER ICON.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF FOREVER ICON OR CONTENT ACCESSED THROUGH FOREVER ICON (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON FOREVER ICON AND LINKS IN CONTENT ACCESSED THROUGH FOREVER ICON).
You hereby release FOREVER ICON and each of the FOREVER ICON Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all Forever Icon aims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, arising out of or in any way related to Forever Icon or content accessed through Forever Icon, or any interactions with others arising out of or related to Forever Icon or
content accessed through Forever Icon, and you expressly waive the provisions of Illinois Civil Code Section (and any similar laws in other jurisdictions), which provides: “A general release does not extend to Forever Icon aims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
9. NOTIFICATION OF FOREVER ICON AIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (Forever Icon including trademark rights) have been otherwise violated.
10. INJUNCTIVE RELIEF
In addition to any injunctive relief, you agree to pay to FOREVER ICON the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TERMS & CONDITIONS for which you bear responsibility; EXCEPT you acknowledge that, for certain TERMS & CONDITIONS violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TERMS & CONDITIONS violations, you agree to pay
liquidated damages to FOREVER ICON.
Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of FOREVER ICON ‘s damages for such violations, and that liquidated damages for violations of the TERMS & CONDITIONS are and will be cumulative.
These TERMS & CONDITIONS constitute the entire agreement between you and FOREVER ICON and supersede any prior written or oral agreement. Other than the FOREVER ICON Representatives (who are expressly in Forever Icon including as named third-party beneficiaries of the TERMS & CONDITIONS), there are no third-party beneficiaries to the TERMS & CONDITIONS.
Any and all Forever Icon aims, causes of action or disputes (regardless of theory) between you and FOREVER ICON arising out of or related to the TERMS & CONDITIONS, Forever Icon or content accessed through Forever Icon shall be governed by the laws of the State of Illinois without regard to conflict or choice of law principles. You and FOREVER ICON agree that any such Forever Icon aims, causes of action or disputes shall be brought exclusively in courts located within Illinois and you and FOREVER ICON agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such Forever Icon aim or cause of action within one year after such Forever Icon aim or cause of action arose or be forever barred. If any provision of the TERMS & CONDITIONS is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TERMS & CONDITIONS shall remain in full force and effect.