TERMS OF SERVICE

These Terms and Conditions of Service (the “Terms of Service”) apply to Ice Cold Kate's ("the Site"). Use of the Site or executing a transaction on the Site all constitute unconditional acceptance of these terms and conditions.

Ice Cold Kate's, in our sole discretion, reserves the right to change or modify these Terms of Service, at any time. Your continued use of the Site following the posting of changes will constitute agreement to the changes.

USE OF THE SITE

You may use the Site only in accordance with and subject to these Terms of Service and the Site's Privacy Policy (the "Privacy Policy"). Once you subscribe to our newsletter or execute a transaction, you have opted in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ice Cold Kate's or others. Notwithstanding any other rights or restrictions in these Terms of Service, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (e) misrepresent the identity of a user or use a false e-mail address; (f) tamper with or obtain access to this Site or any component of this Site; (g) conduct fraudulent activities; or (h) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to specific portions of, or products on, the Site, which terms are made part of these Terms of Service by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Service and the terms posted or emailed for, or applicable to, a specific portion of, or products on, the Site, the latter terms shall control with respect to your use of that portion of the Site or the products.

CONTRIBUTION

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to us through our suggestion or feedback web pages, by email or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Ice Cold Kate's is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Ice Cold Kate's shall be entitled to use or disclose (or not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Ice Cold Kate's may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Ice Cold Kate's without any obligation of Ice Cold Kate's to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Ice Cold Kate's in connection with the Contributions under any circumstances.

FIRST-TIME ORDER

First-time orders can only be shipped to an address which we are able to verify independently. To avoid delays, please ensure that your billing address matches the address on your card statement, and that the cardholder's name is written as it appears on the card. We do not deliver to forwarding addresses.

PROPRIETARY RIGHTS

All materials on the Site that are created or provided by Ice Cold Kate's, including, but limited to, text, graphics, logos, icons, and images, are the property of Ice Cold Kate's or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of Ice Cold Kate's and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without our prior written consent.

We reserve the right to revoke any of the rights granted in these Terms of Service at any time, and those rights automatically terminate if you violate any of these Terms of Service. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Service are reserved. Ice Cold Kate's is the trademark of Ice Cold Kate's. The other trademarks, service marks, and logos used on the Site are trademarks of Ice Cold Kate's or others.

Use of the content and materials for any purpose not expressly permitted in these Terms of Service is prohibited. Ice Cold Kate's may rely upon a network of independent vendors who supply some of the goods and services advertised on the Site and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.

LINKS TO THIRD PARTY WEBSITES

The Site may contain links to other third party websites. Ice Cold Kate's has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an approval or endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner’s products or services.

EQUITABLE RELIEF

You acknowledge and agree that breach of these Terms of Service will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Ice Cold Kate's shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Service, or otherwise.

DISCLAIMERS

Ice Cold Kate's is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any Content, or to any act or omission by Users of the Site, by Ice Cold Kate's or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content submitted by our vendors does not necessarily reflect the opinions or policies of Ice Cold Kate's.

Ice Cold Kate's assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any Member Posting or other Member communications. Ice Cold Kate's is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Member's or other person's computer related to or resulting from participation on or through the Site.

THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, ICE COLD KATE'S DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

LIMITATION OF LIABILITY

IN NO EVENT SHALL ICE COLD KATE'S, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY ICE COLD KATE'S, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ICE COLD KATE'S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ICE COLD KATE'S, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO ICE COLD KATE'S IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR MERCHANDISER GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ICE COLD KATE'S, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF ICE COLD KATE'S.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

INTERNATIONAL USE

We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

RISK OF LOSS

The items purchased from our Site are shipped by a third party carrier. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

INDEMNITY

You agree to indemnify and hold harmless Ice Cold Kate's, its members, officers, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or Third Parties providing information on this site, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of the Terms of Service, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third party claims (including, without limitation, claims made by third parties for infringement of intellectual property rights) arising as a result of your use of the Site or reliance upon any information found on the Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

GOVERNING LAW

These Terms of Service shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. Except as set forth in the "Equitable Relief" provision of these Terms of Service, the sole jurisdiction and venue of any action related to these Terms of Service shall be the Pennsylvania state courts, and you agree to submit to personal and exclusive jurisdiction of these courts.

UNAVAILABILITY OF SITE; TERMINATION; FRAUD

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Service are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

GENERAL PROVISIONS

All the terms of these Terms of Service and Privacy Policy shall apply to and bind the assignees and successors in interest of you and Ice Cold Kate's. The waiver by Ice Cold Kate's of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms of Service are held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms of Service.