Terms of Use

Effective Date: November 10, 2023

 

These Terms of Use (“Terms”) govern your use of our website at www.icon-agent.com (hereinafter our “Website”), and all services provided thereunder (collectively our “Services”), and are entered into by and between you and Icon Agent Accelerator Corporation (“Icon Accelerator,” the “Company,” “we,” “us,” or “our”). These Terms apply to “you” as a user of the Services, including users browsing the Website (“you” or “User”).


1. Legally Binding Terms

Please read these Terms carefully! By using our Services, registering for an account, making a purchase, downloading materials, and/or applying for a commission advance, you agree to be bound by these Terms. If you do not want to agree to these Terms, you must not access or use the Services. Supplemental terms may apply to certain features of our Services and are incorporated into and form part of these Terms.

We’re constantly modifying and improving our Services. We may introduce new features, change existing features, or remove features from the Website at any time and without notice. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augments or enhance the current Services.

The Services are offered and available to users who are 19 years of age or older. If you are under the age of 19, you must not access or use the Services.


2. Your Acceptance

By accepting these Terms or by accessing our Services, you acknowledge and agree that you:

  • Are at least 19 years of age;
  • Have read and understand the Terms;
  • Agree to be legally bound to the Terms and any other agreements or policies incorporated herein by reference;
  • Have the authority to accept the Terms on behalf of yourself in an individual capacity or, if applicable, on behalf of a company, brokerage, or other business entity that you represent; and
  • Your use of the Services does not violate any law, rule or regulation, terms and conditions, or other legally or contractually binding requirements to which you are subject.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).  IF YOU DO NOT AGREE WITH THE TERMS OR DO NOT HAVE THE RIGHT, AUTHORITY, OR CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT TOM FERRY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS.  


3. Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. If changes to the Terms are material, we will take reasonable measures to notify you and, if necessary, obtain your consent. Please check this page frequently so you are aware of any changes, as they are binding on you.


4. Your Privacy

The privacy of your personal information is important to us. Our Privacy Policy explains how we use and share the information we collect. In addition to these Terms, you also acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy which is incorporated into these Terms by reference.


5. Access to Our Services

We reserve the right to withdraw or amend access to our Services, or any part of the Services. We will not be liable if for any reason all or any part of the Services is unavailable at any time for any period. From time to time, we may restrict user access to some parts of the Service, or the entire Services.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your Internet connection are aware of these Terms of Use and comply with them.


5.1. Registering as a User

To access some of our Services, you must be registered with us (“Registered Users”). If you sign up as a Registered User in your capacity as an employee, representative, or agent of a company, brokerage, or other business entity, you represent and warrant that you have all necessary authority to agree to these Terms and legally bind the entity on whose behalf you are registering an account.

Registering an account with us does not entitle you to any additional rights or ownership interests that are not otherwise expressly granted under these Terms.


5.2. Registered User Acceptable Use Requirements

You are solely responsible for all activity conducted through the registered account. Registered Users must abide by the following acceptable use requirements at all times.

  • Limited Access. You understand and agree that access to the registered account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your registered account.
  • No Website Scraping. Registered Users must not harvest, extract, or scrape data from our Services, using automated means or otherwise, unless expressly authorized by us for the purposes identified in your agreement with us.
  • Registration and Account Information. During the registration process, you may be asked to provide certain registration details and other information. It is a condition of your use of the Services that all of the information you provide is correct, current, and complete. If your information changes, you must update it. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current, or incomplete, the Company may freeze, block, or terminate your access to our Services and refuse any and all current or future use of our Services (or any portion thereof). Further, you agree that all information you provide to register with us is governed by our Privacy Policy.
  • Account Security. Registered Users will be given a username and password. You must treat this information as confidential. Accordingly, Registered Users must not share their username, password, or other security information with any other person to access the Services. You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security.
  • No Illegal Use. Registered Users must not use their associated account for any illegal, illicit, or unethical activity, including fraud, hacking, or any other misuse.

 5.3. Termination of Access

We reserve the right to suspend, discontinue, or terminate access to the Services for any Registered Users without notice, or refuse any and all future use of the Services if you fail to comply with these Terms or in our sole discretion for any or no reason. You understand and agree that Tom Ferry shall have no liability or obligation to you in such an event.

In the event of any termination or discontinuation of your account, your ability to access, visit and/or use the Services or any portion thereof, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your username.

If you would like to close or terminate your registered account, you may do so at any time by contacting us at case@tomferry.com.


6. Prohibited Uses for All Users

All Users must use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
  • To engage in any attack, hack, or exploit or to otherwise interfere with the Company’s Services.
  • To harvest, extract, or scrape data from our Services, using automated means or otherwise, unless expressly authorized by us for the purposes identified in your agreement with us.
  • To transmit or procure the sending of any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Content.
  • Use any manual process to monitor or copy any of the Content on the Website, for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services or any server, computer or database connected to the Services.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users, or expose us to liability.

 

7. Intellectual Property Rights

7.1. Content

User acknowledges that the Services and its entire contents, features, and functionality (including but not limited to all information, technology, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (the “Content”) are owned by the Company, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. User is only permitted to use the Content as expressly authorized by us.

These Terms do not transfer any right, title, or interest in the Website or Content to you, other than as expressly provided herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content. User agrees not to use or divulge to others any information designated by us as proprietary or confidential. Any unauthorized use of any Content contained on the Services may violate copyright laws, trademark laws, and other applicable laws and regulations.

EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SERVICES MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMPANY. YOU ARE PROHIBITED FROM MODIFYING, DISTRIBUTING, PUBLISHING, TRANSMITTING, OR CREATING DERIVATIVE WORKS OF ANY SITE AND PLATFORM CONTENT FOR ANY PURPOSES.

7.2. Agent Tools and Resources Available Through The Services

These Terms provide you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the Agent Tools available for download through our Services.

Subject to the restrictions herein, you may download and print the Agent Tools solely for your personal use, provided you do not remove any copyright and/or other applicable intellectual property notices. You may not display, perform, or make derivative works based on, the Agent Tools, nor may you use the Agent Tools in any form or format that would compete with the Company.

Notwithstanding the foregoing license grant, you hereby acknowledge and agree that the Company does not transfer any ownership, intellectual property interest, or title in and to the Services, Agent Tools, or any other resources we may include under this limited license to you or anyone else. The terms of this limited license shall survive any expiration or termination of these Terms in perpetuity.

We may, in our discretion, extend this limited license to other resources we make available through our Services.

7.3. Trademark

The “Icon Accelerator” name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

8. Reliance on Information Provided

The information presented on or through the Services is made available solely for general information purposes. Occasionally there may be information on the Services that contain typographical errors, inaccuracies, or omissions that may relate to Service descriptions, availability, or our business. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Additionally, we do not warrant the accuracy or completeness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its Content.

9. Interactions With Third Parties

The Services may include links to or content provided by third parties. We do not maintain or own this content and we do not do not imply approval, sponsorship, or endorsement of these other sites and we have not reviewed these other sites. If you decide to leave our Website to access third-party sites, you do so at your own risk. You agree that we do not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services.

10. Termination of Access to Services

We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend or restrict the Services and/or your ability to access, visit, or use the Services or any portion thereof, for any or no reason, with or without notice.

11. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services.

14. Governing Law and Jurisdiction

All matters relating to the Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Province of British Columbia.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the courts of British Columbia, as the case may be, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


15. Waiver and Severability

Our failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


16. Entire Agreement

These Terms and our Privacy Policy, subject to any amendments, modifications, or additional agreements you enter into with Icon Accelerator, shall constitute the entire agreement between you and Icon Accelerator with respect to the Services and any use of the Services.


17. Contact Us

If you have any questions or comments about these Terms please contact us at info@icon-agent.com.