Welcome to the
Scotsman Ice website. Please read these terms carefully before using this website.
This site may be used for informational purposes only. By using the site or
downloading materials from the site, you agree to follow the TERMS AND
CONDITIONS set forth in this notice. If you do not agree to follow these terms
and conditions do not use or download materials from the site. BY ACCESSING THE
SITE YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
Cookies
Scotsman Ice uses ''cookie'' technology to enhance and facilitate your visit to the
Scotsman Ice website. The ''cookie'' files are sent to your computer and identify
you as a unique user and store your personal preferences and technical information.
We use
a) Permanent ''cookies'' (i.e., the cookies remain on your computer until you
delete them)
b) Temporary ''cookies'' (i.e., the cookies last until you close your browser)
''Cookies'' do not themselves contain or reveal any personal information. If
you submit personal information via the Scotsman Ice website information can be
linked to the data stored in the cookies.
If you do not accept Scotsman Ice's use of cookies you may change your browser
settings so that the browser does not accept cookies (instructions on how to
change your browser's cookie settings should be found in the help section in
your web browser. If you change the settings you will not be able to access
certain parts of the Scotsman Ice website.
License
Subject to the terms and conditions set forth in this Agreement, Scotsman Ice grants
you a non-exclusive, non-transferable, limited right to access, use and display
this Site and the materials thereon. You agree not to interrupt or attempt to
interrupt the operation of the Site in any way.
Scotsman Ice authorizes you to view and download the information (''Materials'') at
Site only for your personal, non-commercial use. This authorization is not a
transfer of title in the Materials and copies of the Materials and is subject
to the following restrictions: 1) you must retain, on all copies of the
Materials downloaded, all copyright and other proprietary notices contained in
the Materials; 2) you may not modify the Materials in any way or reproduce or
publicly display, perform, or distribute or otherwise use or communicate them
for any public or commercial purpose; and 3) you must not transfer the
Materials to any other person unless you give them notice of, and they agree to
accept, the obligations arising under these terms and conditions of use. You
agree to abide by all additional restrictions displayed on the Site as it may
be updated from time to time. This Site, including all Materials, is
copyrighted and protected by worldwide copyright laws and treaty provisions.
You agree to comply with all copyright laws worldwide in your use of this Site
and to prevent any unauthorized copying of the Materials. Except as expressly
provided herein, Scotsman Ice does not grant any express or implied right to you
under any patents, designs, trademarks, copyrights or trade secret legislation.
User accounts
You might be required to open an account to be able to access certain
restricted parts of the Site. In such event you must complete the registration
process by providing us with complete and accurate information as stated in the
applicable registration form. You will also be required to choose a password
and a user name. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under said account. You agree
to notify Scotsman Ice immediately of any unauthorized use of your account or any
other breach of security. Scotsman Ice will not be liable for any loss that you may
incur as a result of someone else using your password or account.
User warranties
You represent and warrant that you will use the Site in compliance with this
Agreement including the laws and provisions under this Agreement and to comply
with all existing and future Site policies and rules. You agree that you will
not use the Site to: (a) transmit spam or unsolicited communications; (b)
pretend to be Scotsman Ice or someone else; (c) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any content
transmitted through the Site; (d) misrepresent your affiliation with a person
or entity; (e) act in a manner that negatively affects other users' ability to
use the Site; (f) engage in activities that would violate any applicable law,
(g) post or transmit any material which violates or infringes in any way upon
the rights of others or which is unlawful, abusive, defamatory, vulgar or
otherwise objectionable or which contains any advertising or solicitation with
respect to products or services or (h) collect or store personal data about
other users unless specifically authorized by such users. If you do not comply
with the aforesaid, you may not use the Site, Scotsman Ice shall not be legally
bound by this Agreement, and reserves all its legal rights in relation to such
non-compliance.
You further agree to defend, indemnify and hold harmless Scotsman Ice, its
affiliates and their respective officers, directors and agents from and against
all claims and expenses, including attorney fees, arising out of the use of
this Site.
Changes
Scotsman Ice reserves the right, at its sole discretion, to change, modify, add or
remove any portion of this Agreement in whole or in part, at any time. Changes
in this Agreement will be effective when notice of such change is posted on the
Site. Your continued use of the Site after any change to this Agreement are
posted will be considered acceptance of those changes.
Scotsman Ice may terminate, change, correct any errors or omissions in any portion
of the Site, make any other changes to the Site, the materials and the
products, programs, services or prices (if any) described in the Site, suspend
or discontinue any aspect of the Site, including the availability of any
features of the Site, at any time without notice. Scotsman Ice may also impose
limits on certain features and services or restrict your access to parts or the
entire Site without notice or liability. Scotsman Ice may terminate the
authorization, rights and license given above at any time and, upon such
termination, you shall immediately destroy all Materials.
Acknowledgement of Intellectual Property Rights
You acknowledge that all intellectual property rights (including, but not
limited to, copyright, patents, know-how, confidential information, database
rights, and rights in trademarks and designs (whether registered or
unregistered) in the Site are vested in Scotsman Ice or its licensors. All goodwill
and intellectual property rights arising through the use of such intellectual
property rights vested in Scotsman Ice shall inure to Scotsman Ice.
Information provided by you
The Privacy Policy associated with this Site protects any personally
identifiable information you may provide to Scotsman Ice via this Site. However, you
should not send any confidential or proprietary information to Scotsman Ice via the
Site. You agree that any information or materials that you or individuals
acting on your behalf provide to Scotsman Ice will not be considered confidential or
proprietary. By providing any such information or materials to Scotsman Ice, you
fully assign and transfer to Scotsman Ice all intellectual property rights in and to
such information and materials and Scotsman Ice is thereby free to use, reproduce,
display, publicly perform, transmit, distribute, modify assign, and license
such information and materials, and you further agree that Scotsman Ice is free to
use any ideas, concepts or know-how that you or individuals acting on your
behalf provide to Scotsman Ice. You further warrant that you shall not provide any
information or materials to Scotsman Ice that is defamatory, threatening, obscene,
harassing, or otherwise unlawful under whatever applicable law, or that
incorporates the proprietary material of another. Scotsman Ice reserves the right
to, in its sole discretion, remove any information provided by you from the
Site.
Security
You may not: (a) use any device or software capable of interfering with the
operation of the Site; or (b) take any action, which imposes a
disproportionately large or unreasonable load upon the infrastructure of the
Site (such as sending mass emails - ''spamming''), or (c) interfere or tamper
with the software of the Site or the functionality thereof. This includes
putting material on the Site, which is infected with viruses, Trojan horses,
time bombs or other elements that may damage or interfere with the programming
structure of the Site.
Third Party web sites
Scotsman Ice does not undertake to monitor or review Third Party Site Content nor is
Scotsman Ice responsible for the accuracy or reliability of any such third party web
sites. Furthermore, Scotsman Ice may provide on this Site links to Web Sites
operated by other entities. If you use these Sites, you will leave this Site.
If you visit any linked Site, you do so at your own risk and it is your
responsibility to take all protective measures to guard against viruses or
other destructive elements. Scotsman Ice makes no warranty or representation
regarding any linked Web Sites or the information appearing thereon or any of
the products or services described thereon. Links do not imply that Scotsman Ice or
this Site sponsors, endorses, is affiliated or associated with, or is legally
authorized to use any trademark, trade name, logo or copyright symbol displayed
in or accessible through the links, or that any linked Site is authorized to
use any trademark, trade name, logo or copyright symbol of Scotsman Ice or any of
its affiliates or subsidiaries.
External links to the Site
All links to the Site must be approved in writing by Scotsman Ice, except that
Scotsman Ice consents to links in which: (i) the link is a text-only link containing
only the name ''Scotsman Ice'' or ''Scotsman Ice srl'' and does not contain any of
Scotsman Ice or its licensor's proprietary trademarks; (ii) the link ''points'' only
to www.scotsman-ice.it and not to deeper pages;
(iii) the link, when activated by a user, displays that page full-screen in a
fully operable and navigable browser window and not within a ''frame'' on the
linked web Site; and (iv) the appearance, position, and other aspects of the
link may neither create the false appearance that an entity or its activities
or products are associated with or sponsored by Scotsman Ice nor be such as to
damage or dilute the goodwill associated with the name and trademarks of
Scotsman Ice or its Affiliates. Scotsman Ice reserves the right to revoke this consent to
link at any time in its sole discretion.
Exclusion of implied warranties
Although care has been taken to ensure the accuracy of the information on this
Site, Scotsman Ice assumes no responsibility therefore. THE MATERIALS MAY CONTAIN
INACCURACIES AND TYPOGRAPHICAL ERRORS. Scotsman Ice DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU
ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM,
OR INFORMATION SHALL BE AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ''AS IS''
AND ''AS AVAILABLE''. Scotsman Ice EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. Scotsman Ice
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS
WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. Scotsman Ice DOES
NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR
ELECTRONIC COMMUNICATIONS SENT BY Scotsman Ice ARE FREE FROM VIRUSES OR ANY OTHER
HARMFUL ELEMENTS. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE
EXCLUDED EXCEPT TO THE EXTENT THAT LAW PROHIBITS THEIR EXCLUSION.
Limitation of liability
IN NO EVENT SHALL Scotsman Ice BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS
INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF,
OR INABILITY TO USE THIS SITE OR THE CONTENT OR OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, EVEN IF Scotsman Ice HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL Scotsman Ice
BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR
UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS SITE.
Duty to mitigate losses
Without prejudice to limitation of liability set forth herein, you shall take
all reasonable steps to mitigate your loss arising in relation to any claim or
action (whether for negligence, breach of contract or otherwise), which you may
bring against Scotsman Ice.
Notices
All references to ''writing'', ''notices'', and ''notification'' and all
similar ends related expressions shall cover electronic methods of
communication (for instance, e-mail) provided that the party relying on the
communication retains acceptable evidence that the communication was sent and
received.
Exclusive remedy
If Scotsman Ice does not comply with its undertakings under this Agreement, it shall
either correct the non-compliance or, at its option, terminate this Agreement
by prior notice, posted on this web site, to you. To the maximum extent
permitted by law, this clause expresses your sole and exclusive remedy in
relation to non-compliance by Scotsman Ice.
Whole agreement and severability
This Agreement constitutes the entire agreement between Scotsman Ice and you with
respect to your use of the Site. Any cause of action you may have with respect
to your use of the Site must be commenced within one (1) year after the claim
or cause of action arises. If for any reason a court of competent jurisdiction
finds any provision of the Agreement or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to
affect the intent of the Agreement, and the remainder of this Agreement shall
continue in full force and effect.
Third Party rights
Except as expressly provided in this Agreement, a person who is not a party to
this Agreement may not enforce any of its terms.
Jurisdiction Statement
This Site is controlled, operated and administered by Scotsman Ice from its offices
in Italy. Scotsman Ice makes no representation that materials at this Site are
appropriate or available for use at other locations outside of Italy and access
to them from territories where their contents are illegal is prohibited. If you
access this Site from locations outside of Italy, you are responsible for
compliance with all local laws. The Italian laws shall govern this Agreement,
without giving effect to its conflict of laws provisions. The Italian District
Court shall have exclusive jurisdiction in the first instance on any dispute
arising from this Agreement.
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