Terms and Conditions
Last Updated: July 27, 2022
Please read these Terms & Conditions carefully before using this website and the services, applications and/or tools (the "Website") offered by Zero Degrees Italian Ice, Inc. ("Zero Degrees" or "we" or "our"). These Terms & Conditions (the "Terms & Conditions") govern your access to and use of the Website, and Zero Degrees products, and/or services (collectively, "Zero Degrees Services"). Please read the Terms & Conditions carefully. If you do not agree to be bound by these Terms & Conditions, you must not access or use the Website or any Zero Degrees Services.
Furthermore, by using Zero Degrees Services, you hereby agree to these Terms & Conditions in its entirety. Zero Degrees reserves the right, in its sole and absolute discretion, to modify portions of these Terms & Conditions at any time. All modifications will take effect immediately upon their posting on this website and/or social media sites. Your continued use of Zero Degrees Services after any such modification constitutes your acceptance to such changes.
Zero Degrees Services are for the use of United States residents who are eighteen (18) years of age or older only and:
You will not violate any laws, third party rights or our Terms & Conditions or other policies;
The information you provide will be truthful and accurate;
You will not impersonate any individual, provide false information or omit information;
You are responsible for maintaining the confidentiality of your account information including your password; and
You will not copy, modify, creative derivative works of, distribute, publicly perform or display, or otherwise exploit any content from Zero Degrees Services, except as explicitly permitted by these Terms & Conditions.
Zero Degrees may transfer, assign, sub-contract or otherwise dispose of any of our rights or obligations arising under it, at any time at our sole and absolute discretion.
Zero Degrees reserves the absolute right to close your account and cease doing business with you at its sole discretion and for any reason it determines.
2. Warranty Disclaimer and Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE DUE TO YOUR USE OF THE WEBSITE CONTENT AND OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ZERO DEGREES SERVICES.
YOU EXPRESSLY AGREE THAT YOUR USE OF ZERO DEGREES SERVICES, INCLUDING THE WEBSITE AND/OR SOCIAL MEDIA SITES, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, IS AT YOUR OWN RISK, AND THAT ALL ZERO DEGREES SERVICES AND ALL INFORMATION, CONTENT AND OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ZERO DEGREES SERVICES ARE BEING PROVIDED TO YOU WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZERO DEGREES NOR ANY PERSON ASSOCIATED WITH ZERO DEGREES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND/OR SOCIAL MEDIA SITES, INFORMATION, CONTENT OR OTHER INFORMATION MADE AVAILABLE THROUGH ZERO DEGREES SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ZERO DEGREES NOR ANYONE ASSOCIATED WITH ZERO DEGREES REPRESENTS OR WARRANTS THAT THE WEBSITE AND/OR SOCIAL MEDIA SITES, ITS CONTENT, INFORMATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR SOCIAL MEDIA SITES OR ZERO DEGREES SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE AND/OR SOCIAL MEDIA SITES OR ZERO DEGREES SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ZERO DEGREES 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.
IN ADDITION, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ZERO DEGREES, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF ANY ZERO DEGREES SERVICES, OR FROM ANY INFORMATION, CONTENT OR OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ZERO DEGREES SERVICES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVATE/PERSONAL DATA, LOSS OF USE, GOODWILL OR REPUTATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES OR, ANY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZERO DEGREES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PRICE PAID TO ZERO DEGREES FOR THE USE OF ZERO DEGREES SERVICES, INCLUDING THE WEBSITE AND/OR SOCIAL MEDIA SITES, IF ANY, BUT IN NO CASE WILL ZERO DEGREES’ LIABILITY TO YOU EXCEED $100.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS YOU HAVE WITH THIRD PARTIES ARISING FROM THE USE OF ANY ZERO DEGREES SERVICES, OR FROM ANY INFORMATION, CONTENT OR OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ZERO DEGREES SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY (IF APPLICABLE). ZERO DEGREES MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD-PARTY SERVICES, COMMUNICATIONS OR OTHER DEALINGS, AND SHALL NOT BE RESPONSIBLE NOR LIABLE FOR OR IN CONNECTION WITH ANY SUCH THIRD-PARTY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree that any and all disputes against Zero Degrees with respect to these Terms & Conditions, Zero Degrees Services, and/or the use of the Website and/or social media sites shall be arbitrated under the Rules of Arbitration of the American Arbitration Association and shall not be submitted to a court of law. You hereby waive all right to a trial by jury or a court of law should you make any claims against Zero Degrees. The prevailing party of such arbitration shall be entitled to recover his/her/its reasonable attorneys’ fees and costs, including but not limited to confirmation of such arbitration award in a court of law and post-judgment enforcement proceedings. The terms of this provision shall survive even if you terminate your relationship with Zero Degrees.
5. Governing Law
These Terms & Conditions shall be construed and enforced in accordance with and governed by the internal laws of the State of California, County of Orange without giving effect to the conflict of laws rules thereof.
Whenever possible, each provision of these Terms & Conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement.
7. Assignment and Binding Effect
Neither these Terms or Conditions nor any right, remedy, obligation or liability arising hereunder or by reason hereof nor any of the rights and obligations in connection herewith may be assigned by any party without the prior written consent of the other party. Except as provided in the previous sentence, these Terms & Conditions and all of the rights and obligations hereunder shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Any attempted assignment in violation of these Terms & Conditions.
Zero Degrees Italian Ice, Inc. ("Zero Degrees" or "we" or "our") is committed to ensuring our users can readily access the products and services we provide, both in our physical locations and on our website. Zero Degrees has voluntarily undertaken efforts to comply with the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0, Level AA (“WCAG-2.0 AA”), a set of guidelines adopted by a private group designed to maximize accessibility of web content.
Please note that our website may link to, or interface with, third party websites that we do not control. These third-party vendors may not have undertaken the efforts that Zero Degrees has to comply with WCAG-2.0 AA standards. In order to maximize accessibility, we are working with our third-party vendors to encourage them to voluntarily comply with these standards.
As the law and accessibility standards continue to change and we strive to deliver the most up-to-date content online, please understand that our efforts to improve online accessibility are ongoing. We encourage you to report any accessibility issues you may encounter by contacting us at firstname.lastname@example.org so we can assist you. We also encourage you to contact us to determine if any alternative communication methods or accessibility formats are available.
We thank you for your assistance in enhancing the accessibility of our website.