These Terms of Service (“Terms”), along with our Privacy Policy, subscription agreements, and all other terms and policies available and agreed to on the Services, which are incorporated herein by reference, constitutes a written contract (the “Agreement”) between you and Icon BNB (“Icon BNB” or “Company”) governing your use of the website and any related websites, mobile applications, and platforms (collectively, “Services”). You represent that you are authorized to enter into this Agreement and, if applicable, authorized to act on behalf of and bind your business. You and Company may be referred to collectively as the “Parties” or individually as a “Party.”
By accessing or using the Services, you represent that you are authorized to enter into this Agreement and that you are at least 18 years old. These Terms constitute a legally binding Agreement between Icon BNB and you concerning your use of the Services and contain important provisions affecting your rights, including by requiring arbitration of claims on an individual, rather than class-wide, basis as outlined in Section 3 below. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. If you do not consent to this Agreement, you must immediately stop using the Services. These Terms apply to all visitors, users, and others who access or use the Services.
Dispute Resolution
THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES MUST BE RESOLVED. This Section applies to the fullest extent permitted by applicable law.
Informal Resolution: We prioritize customer service and request that you seek to resolve any issues by first contacting our customer service using our contact information outlined below.
Arbitration: You and Icon BNB agree that all Claims must be resolved exclusively through final and binding arbitration, rather than in court. “Claim(s)” means any dispute between the Parties or their owners or agents (who shall be third-party beneficiaries of this provision) arising out of, related to, or in connection with this Agreement, the Services, or Icon BNB. There is no judge or jury in arbitration. If you and Icon BNB cannot resolve a Claim through negotiations, the Claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one Party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either Party. The Federal Arbitration Act and related federal law governs the interpretation and enforcement of this agreement to arbitrate. The arbitration shall be commenced and conducted through a select Arbitration Agency under the Streamlined Rules, as modified by this agreement to arbitrate. The Parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If that selected Arbitration Agency is unavailable to arbitrate a dispute or claim, you and Icon BNB agree to arbitrate all Claims on an individual basis using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. Unless you and Icon BNB agree otherwise in writing, the final arbitration hearing shall take place at the assigned facility located in or nearest to your city of residence, provided that either Party may elect to have the arbitration proceedings conducted by video conference. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either Party may litigate to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the arbitrator’s award. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
Payment of Fees: If you initiate arbitration against Icon BNB, you may be required to pay an initial fee of an amount that will be discuss during arbitration (unless you qualify for a waiver), and all other arbitration costs (including any remaining Arbitration Agency Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Icon BNB initiates arbitration against you, Icon BNB shall pay all costs associated with the arbitration. Regardless of the outcome of the arbitration, you and Icon BNB will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute.
Class Action Waiver: THE PARTIES MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND ICON BNB AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY
Icon BNB Legal Department
Email: [email protected]
Contacting Customer Support
For questions, concerns, or assistance regarding the Services or this Agreement, you can reach our customer support team at [email protected]. Our team is available to assist you during 8AM til 5PM EST. We strive to provide timely and effective support to address any issues you may encounter.
Acknowledgment and Agreement
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including the incorporated Privacy Policy and any other relevant agreements or policies referenced herein. If you do not agree to these Terms and Conditions, you must refrain from accessing or using the Services. Your continued use of the Services constitutes your acceptance of these Terms and Conditions.
Modifications to Terms and Conditions
Icon BNB reserves the right to modify or update these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting the updated Terms and Conditions on the Icon BNB website. It is your responsibility to review these Terms and Conditions periodically for any updates or changes. Your continued use of the Services after any modifications to these Terms and Conditions will signify your acceptance of the updated terms.
Severability
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
These Terms and Conditions, along with any incorporated policies or agreements, constitute the entire agreement between you and Icon BNB regarding the use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and Icon BNB (including, but not limited to, any prior versions of the Terms and Conditions).
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms and Conditions or the Services shall be subject to the exclusive jurisdiction of the courts located in Florida, and you hereby consent to the personal jurisdiction of such courts.
Waiver
The failure of Icon BNB to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Icon BNB.
Contact Information
If you have any questions or concerns about these Terms and Conditions or the Services provided by Icon BNB, please contact us at the following address:
Icon BNB Legal Department
Email: [email protected]
These Terms and Conditions are effective as of April 4, 2024
By using the Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Services.
[Effective Date: April 4, 2024
[Last Updated: April 4, 2024
