Terms of service

Overview

This website is operated by Icontactic ("ICONTACTIC", "we", "us", "our"). By visiting the site or buying something from us, you use our "Service" and agree to these terms and conditions ("Terms"), including the policies they reference. They apply to everyone who uses the site: browsers, customers and anyone who contributes content. Read them before using the site. If you do not agree with all of them, do not use the site or the Service. Our store is hosted on Shopify Inc., which provides the e-commerce platform we use to sell our products and services to you.

1. Online store terms

By agreeing to these Terms you confirm that you are at least the age of majority in your state of residence, or that you are of age and have given us consent to let your minor dependents use this site. You may not use our products for any illegal or unauthorized purpose, or break any law in your jurisdiction while using the Service. You must not transmit worms, viruses or any destructive code. Breaking any of these Terms ends your access to the Service immediately.

2. Products and accuracy of information

ICONTACTIC sells carry equipment: bags, pouches, belts, mounts and related hardware. Some products may be regulated or restricted where you live; you are responsible for knowing and following the laws that apply to you before ordering. We describe products by their physical construction. Where a specification (a dimension, material or capacity, for example) has not yet been measured on the production unit, the product page says so; we do not publish a figure we have not verified. Images may be concept renderings or photographs, and colors may look different on your screen. We reserve the right to correct errors, inaccuracies or omissions, to change or update information, and to cancel orders if any information in the Service is inaccurate, at any time and without prior notice, including after you have placed your order.

3. Orders, prices and payment

Prices are in U.S. dollars and can change without notice. We may refuse or limit any order, including orders that appear to come from dealers, resellers or distributors. You agree to give us current, complete and accurate purchase and account information, and to keep it updated so we can complete your transactions and reach you. Payment is collected at checkout through the payment providers available on the site.

4. Shipping and returns

Shipping and returns follow our Shipping Policy and Refund Policy, which are part of these Terms. Our Return & Refund Policy page sets out the same terms in full.

5. Accounts

If you create an account, you are responsible for keeping your login details confidential and for everything that happens under your account.

6. Intellectual property

The ICONTACTIC name, logos, product names, images, text and site design belong to Icontactic or its licensors and are protected by intellectual property law. You may not reproduce, distribute or create derivative works from any part of the Service without our written permission.

7. Third-party links and tools

The Service may include links or tools from third parties we do not control. We are not responsible for third-party content, products or services, and you use them at your own risk.

8. User comments and feedback

If you send us comments, suggestions or other material, you agree that we may use them without restriction and without owing you anything. You agree that your comments will not violate anyone's rights and will not contain unlawful, abusive or obscene material.

9. Personal information and messaging

Any personal information you submit through the store is handled under our Privacy Policy. If you enrol in our text message program, our SMS Terms & Conditions apply and form part of these Terms. Consent to receive marketing text messages is never a condition of any purchase, and you can opt out at any time by replying STOP.

10. Prohibited uses

On top of the other rules in these Terms, you may not use the site or its content for any unlawful purpose; to get others to perform unlawful acts; to break any regulation or law; to infringe our or anyone else's intellectual property rights; to harass, abuse, defame or discriminate; to submit false or misleading information; to upload malicious code; to collect other people's personal information; to spam, phish or scrape; or to interfere with the security features of the Service. We may end your use of the Service for any of these.

11. Disclaimer of warranties; limitation of liability

We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free. The Service and all products are provided "as is" and "as available", without any representation, warranty or condition of any kind, express or implied, except as stated on a product page or required by law. To the fullest extent the law allows, Icontactic and its directors, officers, employees, affiliates, agents, contractors and suppliers are not liable for any indirect, incidental, punitive, special or consequential damages arising from your use of the Service or of any product bought through it. Where the law does not allow this exclusion or limitation, our liability is limited to the maximum extent the law permits.

12. Indemnification

You agree to indemnify, defend and hold harmless Icontactic and its affiliates, partners, officers, employees and suppliers from any claim or demand, including reasonable attorneys' fees, made by any third party because you broke these Terms, a law, or someone else's rights.

13. Severability, waiver, assignment and entire agreement

If any part of these Terms is unlawful, void or unenforceable, that part is severed and the rest stays in effect. If we do not enforce a provision, that is not a waiver of it. You may not assign these Terms; we may assign them to a successor. These Terms and the policies they reference are the entire agreement between you and us about the Service.

14. Governing law, dispute resolution and arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action. It mirrors our Dispute Resolution & Arbitration page, which forms part of these Terms.

14.1 Governing law. These Terms and any dispute between you and Icontactic are governed by the laws of the State of Florida and of the United States, without regard to conflict-of-law rules.

14.2 Informal resolution first. Before either of us starts an arbitration, the party with the complaint must send the other a written Notice of Dispute and allow 30 days to resolve it. Send yours to support@icontactic.com with the subject line NOTICE OF DISPUTE, or by mail to Icontactic, 3661 South Miami Avenue, Miami, FL 33133, United States. Include your name, the email and shipping address on the order, the order number, a description of the problem and the specific relief you want. A complete Notice of Dispute is a precondition to filing an arbitration.

14.3 Agreement to arbitrate. If the dispute is not resolved within those 30 days, you and Icontactic agree that any dispute, claim or controversy arising out of or relating to the Service, your purchase or use of our products, our marketing and messaging, our policies, or the relationship between us — whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before, during or after the end of this agreement — will be resolved by binding individual arbitration and not in court. Arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect when the claim is filed, before one neutral arbitrator, and the Federal Arbitration Act governs the interpretation and enforcement of this section. The award is written, final and binding, and judgment on it may be entered in any court with jurisdiction. You may choose to have the arbitration heard in the county where you live, by telephone, by video, or on written submissions only.

14.4 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND ICONTACTIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND ICONTACTIC WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE COVERED BY THIS SECTION. If a court decides this waiver is unenforceable as to a particular claim or request for relief, that claim or request is severed and heard in court, and every other claim continues in arbitration. The enforceability of this waiver is decided only by a court, not by the arbitrator.

14.5 Exceptions. Either side may bring an individual claim in a small claims court with jurisdiction, as long as it stays in that court and stays individual. Claims about trademarks, trade dress, patents, copyrights or misappropriation of trade secrets may be brought in court, and either side may ask a court for temporary injunctive relief to prevent infringement or unauthorized use while an arbitration is pending. Nothing here prevents you from reporting an issue to a federal, state or local agency, or from that agency seeking relief on your behalf where the law allows it.

14.6 Your right to opt out. You may opt out of section 14.3 and section 14.4 within 30 days of the date you first accept these Terms. Opting out is free, permanent, and does not affect your order, your coverage or your ability to buy from us. Email support@icontactic.com with the subject line ARBITRATION OPT-OUT, or write to Icontactic, 3661 South Miami Avenue, Miami, FL 33133, United States, and include your full name, the email address you used with us, your mailing address, and a clear statement that you are opting out of the arbitration agreement. We confirm every opt-out.

14.7 Venue, time limit and survival. For any claim not subject to arbitration — because it falls under section 14.5, because you opted out under section 14.6, or because a court finds arbitration unenforceable — you and Icontactic consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and waive any objection based on inconvenient forum. Any claim must be filed within one year after it arises or it is permanently barred, except where a longer period is required by law that cannot be shortened by agreement. This section survives the end of your relationship with us and the fulfilment or cancellation of any order. Nothing in this section deprives you of the protection of any mandatory consumer law of the state where you live that cannot be waived by agreement.

15. Changes to these Terms

We may update these Terms at any time by posting the new version on this page. Using the Service after a change is posted means you accept the change. A change to section 14 does not apply retroactively to a dispute for which a Notice of Dispute was already sent.

16. Contact

Questions about the Terms: support@icontactic.com. Icontactic, 3661 South Miami Avenue, Miami, FL 33133, United States.