Terms of Website/Application Use

PLEASE READ THESE TERMS OF WEBSITE/APPLICATION USE CAREFULLY BEFORE USING THIS WEBSITE OR APPLICATION

These Terms may have been amended since the last time you used the Services.

Effective: November 20, 2020

1. Contractual Relationship
These Terms of Website/Application Use (“Terms”) govern your access or use of the applications, websites, mobile applications, content, products, and services by Ivee, LLC or any parent, subsidiary or affiliate thereof (collectively, “Ivee”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND IVEE.

Ivee owns and operates the goivee.com website, and related websites, mobile sites, applications, content, and products and services (the “Services”). By accessing or using the Services (whether or not you create an account), you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you related to the subject matter hereof (provided that any agreement or contract pertaining to a specific Ivee product or service may be in effect in parallel with these Terms). Access to the Services is limited to persons located in the United States and its territories and possessions.

Ivee may immediately terminate these Terms with you or your Account, or terminate your access to the Services, or may generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Ivee may amend the Terms from time to time. Amendments will be effective upon Ivee’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.

Ivee’s collection and use of personal information in connection with the Services is described in Ivee’s privacy policy (“Privacy Policy”) located at goivee.com/privacy, which is hereby incorporated by reference into these Terms.

2. The Services
You may access portions of the Services without registering. However, you must register an Account and sign into the Services in order to participate in certain Ivee Programs (as described in Section 3). Ivee reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services and/or anything offered on or through the Services (or any part thereof), including but not limited to the features, look and feel, functional elements and related items.

Ownership and License to You
With the exception of User Content (defined below), the Services and all rights therein, and all material on or available from the Services, from text to photos to videos to graphics and software (collectively, “Materials”), are and shall remain Ivee’s property or the property of Ivee’s licensors.

Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services or Materials, except for the limited license granted in these Terms; or (ii) to use or reference in any manner Ivee’s company names, logos, product and service names, trademarks or services marks or those of Ivee’s licensors.

Subject to your compliance with these Terms, Ivee grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services and Materials for your personal use, solely as expressly permitted by these Terms, and subject to all the terms and conditions of these Terms, and all applicable intellectual property laws. Any rights not expressly granted herein are reserved by Ivee and Ivee’s licensors, and any other use of the Services and Materials is strictly prohibited.

No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Services should be interpreted as granting to you any license or right to use any of the Materials or third-party proprietary content on the Services without the express written permission of Ivee or the appropriate third-party owner, as applicable.

The Services and Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Services and except for the trademarks, service marks, logos and trade names of other companies that are displayed on the Services, all trademarks, service marks, logos, trade dress and trade names are proprietary to Ivee, including without limitation IVEE and the goivee.com trade dress. Please be advised that Ivee enforces its intellectual property rights to the fullest extent of the law.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services or Materials; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Materials except as expressly permitted by Ivee; (iii) decompile, reverse engineer or disassemble the Services or Materials or otherwise reduce the software or Materials to a human-perceivable form for any purpose, including without limitation to build a product and/or service competitive with the Services or Materials and related services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services or Materials; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Materials or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or Materials; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or Materials or related systems or networks.

User Provided Content
Ivee may, in Ivee’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Ivee through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Ivee (through the Services, or through other communications with Ivee, including without limitation, through SMS or MMS text/multimedia messages), you grant Ivee a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Ivee’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Ivee the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Ivee’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to provide User Content that (i) is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Ivee in its sole discretion, whether or not such material may be protected by law, or (ii) infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity. Ivee may, but shall not be obligated to, review, monitor, or remove User Content, at Ivee’s sole discretion and at any time and for any reason, without notice to you.

Your Conduct
By accessing the Services, you agree:

  • to comply with all applicable laws regarding online conduct and submission of acceptable User Content;
  • not to use the Services, or submit content to the Services, if you are under the age of 21;
  • not to access the Services using a third-party’s account/registration without the express consent of the account holder;
  • not to attempt, through any means, to gain unauthorized access to any part of the Services and/or any service, other account, computer system and/or network connected to any Ivee server;
  • not to attempt to impersonate another user or person;
  • not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by Ivee;
  • not to deep-link to the Services and/or access the Services manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Services and/or any Materials and/or other content on the Services, unless Ivee has given you specific permission to do so in writing;
  • not to conduct any kind of systematic retrieval of data or other content from the Services;
  • not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Services content;
  • not to use the Services in any manner that could damage, disable, overburden and/or impair any Ivee server, or the network(s) connected to any Ivee server, and/or interfere with any other party’s use and enjoyment of the Services;
  • not to transmit any chain letters or junk email;
  • not to sell or transfer your profile;
  • not to use the Services to engage in commercial activities apart from sanctioned use of Ivee services;
  • not to use the Services as part of an effort to compete with Ivee or the Services;
  • not to copy any Materials for republication in any format or media;
  • not to license, sell and/or otherwise provide access to and/or use of the Services to any third party;
  • not to copy, publish, or redistribute any rebate or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
  • not to harass, annoy, intimidate or threaten any Ivee employees or agents engaged in providing any portion of the Services;
  • not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
  • not to upload or transmit viruses or other harmful, disruptive or destructive files;
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Services, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites; and
  • not to use the Services for any illegal purposes.

You agree that the consequences of commercial use or re-publication of User Content or Materials from the Services, or other violations of the foregoing proscriptions, may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Ivee will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.

Third Party Services and Content
The Services may be made available to you, or accessed by you, using third party devices, such as mobile devices and applications, and other third-party services and content (including advertising) that Ivee does not control. The Services may also include advertisements or otherwise link to third-party websites or other content. You acknowledge that different terms of service and privacy policies may apply to your use of such third-party services and content. Ivee does not endorse such third-party services and content and in no event shall Ivee be responsible or liable for any products or services of such third-party providers.

Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device or if you sign up to receive messages or reminders via mobile messaging services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Ivee does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

3. Access and Use of the Services
User Accounts
Ivee offers programs and services (“Ivee Programs”) which are describe in agreements (“Ivee Program Agreements”) which you may enter with Ivee, subject to applicable eligibility requirements. In order to participate in any Ivee Programs, you must first register a user account (“Account”) with the Services, and continue to maintain such Account in compliance with these Terms.

You must be at least 21 years of age to obtain an Account, unless a specific Service or Ivee Program permits or requires otherwise. Account registration requires you to submit to Ivee certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Ivee. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Ivee in writing, you may only possess one Account.

Termination of Account
Ivee has the right to block your current or future use of the Services, and/or terminate these Terms with you and your Account, if you violate or fail to comply with any of your obligations or requirements under these Terms, or under any other agreement with Ivee including any Ivee Program Agreement, or pursuant to any Ivee policy, including the Privacy Policy.

In addition, an Ivee Program Agreement may provide that any termination of these Terms with you, or of your Account, shall result in a termination of the Ivee Program Agreement and your right to participate in the applicable Ivee Program.

Account Requirements and Conduct
The Service is not available for use by persons under the age of 21. You may not create an account for someone under the foregoing age nor may you have someone over such age assist you in obtaining an account if you are under 21.

You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage to any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Ivee of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Ivee will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

Text Messaging and Telephone Calls
You agree that Ivee may contact you by telephone, text (SMS), or multimedia (MMS) messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Ivee account, and you hereby consent to receiving such recurring communications for transactional, operational, informational, or marketing purposes. With respect to marketing purposes, you are not required to provide this consent as a condition of purchasing any property, goods, or services, and you may opt out of receiving SMS or MMS marketing messages from Ivee at any time, either by texting the word “STOP” to 773-839-6606 using the mobile device that is receiving the messages, or by contacting [email protected]. If you do not choose to opt out, Ivee may contact you in accordance with the Privacy Policy.

4. Payment
Ivee may process payment by payment card, or by ACH, using payment information provided by you, in connection with your use of the Service. You hereby authorize Ivee to process, from time to time, all amounts due to Ivee for any or all services or goods obtained through the use of the Services. You agree that all amounts processed are non-refundable and that Ivee has no obligation or liability to refund or return any amounts. You agree to keep all payment card or other payment information current and up to date until all amounts due and owning have been paid.

5. Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IVEE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, IVEE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IVEE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY
IVEE SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF IVEE, EVEN IF IVEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IVEE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF IVEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IVEE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND IVEE’S REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, IVEE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON IVEE’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity
You agree to indemnify and hold Ivee and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Ivee’s use of your User Content; or (iv) your violation of the rights of any third party.

6. Dispute Resolution by Binding Arbitration and Class Action Waiver
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Ivee on an individual basis in arbitration, as set forth in this Section 6. This will preclude you from bringing any class, collective, or representative action against Ivee, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Ivee by someone else.

Agreement to Binding Arbitration Between You and Ivee.
You and Ivee agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to these Terms, will be settled by binding arbitration between you and Ivee, and not in a court of law; provided, however, claims for injunctions and other equitable relief shall be submitted to a court of competent jurisdiction; and provided further that actions relating to the infringement, validity or enforceability of Ivee’s intellectual property rights shall be submitted to a court of competent jurisdiction in the country or territory in which such intellectual property right exists or issued.

You acknowledge and agree that you and Ivee are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Ivee otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Ivee each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section 6. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Section 6, including any claim that all or any part of this Section 6 is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Section 6 evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Section 6 or the enforcement thereof, then that issue shall be resolved under the laws of the State of Illinois.
Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure.
Unless you and Ivee otherwise agree, the arbitration will be conducted in the City of Chicago, Illinois. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Ivee submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Ivee will not seek, and hereby waives all rights Ivee may have under applicable law to recover, attorneys’ fees and expenses if Ivee prevails in arbitration.
Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, Ivee will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.
Notwithstanding the provisions above regarding consent to be bound by amendments to these Terms, if Ivee changes this Section 6 after the date you first agreed to these Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Ivee written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be sent to Ivee, LLC, 800 S Waverly, Mt Prospect, IL 60056. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section 6. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Ivee in accordance with the provisions of this Section 6 as of the date you first agreed to these Terms (or to any subsequent changes to these Terms).

Severability and Survival.
If any portion of this Section 6 is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Section 6 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Section 6; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

7. Other Provisions
Choice of Law
The choice of law and forum selection provisions of the following paragraph do not apply to the arbitration clause in Section 6, or to any arbitrable disputes as defined therein. Instead, as described in Section 6, the Federal Arbitration Act shall apply to any such disputes.

These Terms are governed by the laws in force in the State of Illinois, and shall be interpreted according to the internal laws of such State, without reference to its conflicts of laws or choice of law principles. Any legal suit, action or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago, and each party irrevocably submits to the consent to the exclusive jurisdiction of such courts, agrees to accept service of process by mail, and waives any jurisdictional or venue defenses otherwise available; provided that actions for equitable relief, specific performance, or the like may be brought where necessary for enforcement. If any action at law or in equity is necessary to enforce or interpret the rights arising out of or relating to these Terms, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which it may be entitled.

Certain Ivee Program Agreements may be governed by laws of a different jurisdiction than these Terms, and may require a different venue and forum than these Terms. In the case of any direct conflict between these Terms and any Ivee Program Agreement with respect to the choice of law and forum selection provisions set forth in each, each agreement shall be governed by the terms thereof.

Evidence of Contract
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Claims of Copyright Infringement
Claims of copyright infringement should be sent to Ivee’s designated agent. Please visit goivee.com for the designated address and additional information.

Notice; Consent to Electronic Notice, Records and Disclosures
Ivee may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Ivee, with such notice deemed given when received by Ivee, at any time by first class mail or pre-paid post to 800 S Waverly, Mt Prospect, IL 60056.

Without limitation to the foregoing, as you may be aware, certain laws require that information, such as legal notices and/or disclosures, relating to you be provided or made available in writing (“Records”). Your privilege of using the Service or any participating in any Ivee Program, and holding an Account is conditioned upon your consent to Ivee’s policy of providing only electronic Records, when required by applicable law, to the email address you provide. You further agree that if such electronic notice or other Records are sent by Ivee to the email address you provide, you are deemed to have received such notice in a legally effective manner. While generally you do have the right to have Records provided or made available on paper or in non-electronic form, and the right to withdraw your consent to have the Records provided or made available in electronic form, your sole method of withdrawing such consent is to cancel your Account.

General
You may not assign these Terms without Ivee’s prior written approval. Ivee may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Ivee’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Ivee or any third-party as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Ivee’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ivee in writing. In these Terms, the words “including” and “include” mean “including, but not limited to.”