Terms of Service

TERMS OF SERVICE / PROTECTION PLAN

These Terms of Service, which incorporate by reference our privacy policy (collectively, the “Terms” or “Agreement”) are a legal contract between you (“you” or “your”) and Ice Cabin LLC (“Company,” “we,” “our,” or “us”) governing your access to and use of our websites, any applications where these Terms are posted, and when you make any purchase from us (collectively the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must immediately stop accessing and using the Service. BY PURCHASING OR ACCEPTING THE PRODUCT, THE BUYER ACKNOWLEDGES THAT THE LIMITATION OF LIABILITY IS PART OF THE TERMS OF SALE, CONSITITUTES A BINDING AGREEMENT, AND MAY BE ENFORCED AGAINST YOU BY COMPANY. Company shall not be obligated to provide any warranty service or obligations unless Buyer has paid its purchases in full under this or any other Company invoices.

These Terms contain important provisions, including provisions outlining the 5 Year Protection plan automatically renewing for 3 consecutive installment payments and provisions that require arbitration of individual claims and limit your potential remedies. The Ice Cabin 5 Year Protection Plan INSTALLMENT TERMS "5 Year Protection Plan". Company offers an installment plan (the “5 Year Protection Plan”), which provides extended warranty that the Product(s) shall be free of any defect in material or workmanship for a period of five years from the date of the original purchase. Company shall have the sole discretion in determining whether Product is covered under the warranty. Should the Product(s) supplied by Company prove defective by reason of improper workmanship or material as reasonably determined by Company, Company agrees, at its option, to either repair or replace the Product free of charge, excluding any shipping or handling charges. This warranty does not cover any accessories or other parts added to a Company product after the Product(s) is shipped from the Company.

Disclaimer of Warranties. Except as set forth herein, Company disclaims all warranties including implied warranties to the extent permitted by law (to the extent they may not be disclaimed, Company limits the duration of such implied warranties to the duration of this Limited Warranty); Company disclaims any and all warranties and representations other than those explicitly specified in this contract; any warranties, if separately provided in writing, are extended only to the Buyer whose name is shown on this invoice/contract. Warranties do not cover product damaged by external causes, including accident, abuse, misuse, improper installation, problems with electrical power, acts of third parties, Products that are altered or repaired by anyone not authorized by Company, usage not in accordance with instructions accompanying the Product(s), or failure to perform required preventive maintenance, including but not limited to backups, problems caused by use of software, parts and components not supplied by Company, weather conditions, lightning, fire, water, or any acts of nature or God; Company shall not be obligated to provide any warranty service or obligations unless customer has paid its invoices in full under this or any other Company invoice.

Installment Terms and Enrollment: All customers that purchase from icecabin.co are automatically enrolled in the 5 Year Protection Plan on their first purchase after agreeing to the terms in this Agreement and completing their first purchase for physical goods. You are not charged for 3 days from the date of purchase for the enrollment (you will be charged for any physical products that you purchase). However, you are required to provide payment information to pay for the 5 Year Protection Plan, including any taxes, which will be due 3 days after your original date of purchase. On that 3rd day, your credit card or other payment method on file will be charged for the first installment payment for the 5 Year Protection Plan fees of $39.26 USD (exclusive of taxes) without obtaining your further confirmation. Your 5 Year Protection plan includes a total of 2 interest-free installments and will automatically renew each billing period of 30 days until both installments of $39.26 have been paid.

Installment Billing and Coverage:

After your first installment payment of $39.26, you will be covered for 2 years under the Protection Plan. This gives you full Product Protection on all past and future purchases from our website for a period of 2 years after your first purchase date, not exceeding $1,000 in coverage.

After your second installment payment of $39.26, you will be covered for 5 years under the Protection Plan. This gives you full Product Protection on all past and future purchases from our website for a period of 3 years after your first purchase date, not exceeding $1,000 in coverage.

Cancellation. If you wish to cancel the 5 Year Protection Plan at any time, you may do so by emailing us at support@icecabin.co, at least 1 day before the next billing period with your full name and the email and physical address associated with your use of the order. Your failure to cancel or your continued use of the 5 Year Protection Plan reaffirms that Company is authorized to charge you for, and you are responsible for paying, all installments for the 5 Year Protection Plan. If you choose to cancel your 5 Year Protection Plan at any time, you will remain covered under the Protection Plan for the coverage period you paid for in accordance with the terms stated in the “Installment and Billing Coverage” section of this Agreement. You will not be covered under the Protection Plan for any installment payments or time periods that are refunded to you.

PAYMENT METHODS. By providing a credit card or other payment method, including through the checkout process, express checkout, or using PayPal, Google Pay, Apple Pay, or otherwise, you warrant that you are authorized to use the payment method and authorize Company and any third-party payment processors and billing agents to charge your payment method for the total amount due. If the payment method cannot be verified or is not accepted, your purchases and 5 Year Protection Plan may be cancelled. These Terms shall constitute authorization to the issuer of the payment without requiring a signed receipt from you, and Company will not be liable for insufficient funds or charges incurred by you resulting from collection of fees. If you provide a debit card number instead of a credit card number, you authorize all charges to be applied to such debit card. Company reserves the right to correct any errors or mistakes for payment at any time.

SHIPPING, REFUNDS AND RETURNS. Read our shipping, refunds and returns policy at https://icecabin.co/pages/refund-policy

DISPUTE RESOLUTION. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of Delaware, United States without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in Orange County, California or Los Angeles County, California (a “Court of Competent Jurisdiction”). You and Company stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against Company outside the U.S., applicable laws may authorize you to bring a Claim against Company, which shall be brought in your individual capacity only and not in any class action, in the forum where you reside. Arbitration Provision. If you and Company cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns, and each of their owners and/or agents (collectively, “Company Entities” who shall be third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Company agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. Regardless, you and Company will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute. 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 seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial. Waiver of Class Actions. YOU AND COMPANY (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. DISCLAIMERS & LIMITATION OF LIABILITY Application. This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you. Company Entities, and their owners and agents, are intended third-party beneficiaries of this Section. No advice or information obtained by you through the Service or otherwise shall alter the terms stated in this Section.

LIMITATION OF LIABILITY - BUYER'S SOLE AND EXCLUSIVE REMEDY AND COMPANY'S SOLE LIABILITY FOR LOSS OR DAMAGE ARISING FROM PURCHASE OR USE OF THE PRODUCT SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AT COMPANY'S SOLE DISCRETION.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OF USE, REVENUES, OR ANTICIPATORY PROFIT, OR FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE SALE, USE, OPERATION, OR INABILITY TO USE OF PRODUCTS PURCHASED FROM COMPANY TO THE EXTENT PERMITTED BY LAW, COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY LAW (TO THE EXTENT THEY MAY NOT BE DISCLAIMED, COMPANY LIMITS THE DURATION OF SUCH IMPLIED WARRANTIES TO THE DURATION OF THIS LIMITED WARARNTY). IN NO EVENT SHALL COMPANY'S LIABILITY EXCEED THE AMOUNT OF THE PARTICULAR DEFECTIVE PRODUCT PAID BY THE PURCHASER. THIS LIMITATION OF LIABILITY SHALL BE APPLICABLE TO ANY CLAIM PRESENTED, WHETHER THE LEGAL THEORY FORMING THE BASIS OF SUCH CLAIM INVOLVES CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, REGULATION, CONSUMER PROTECTION LAWS OR OTHERWISE.

DISCLAIMER OF WARRANTIES. COMPANY, ON BEHALF OF ITSELF AND COMPANY ENTITIES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICE IS PROVIDED “AS IS.” NEITHER COMPANY NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE. Limitation of Liability. IN NO EVENT SHALL COMPANY OR COMPANY ENTITIES, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, MODIFICATION & TERMINATION Modification. Company may modify this Agreement, including the Privacy Policy, at any time upon posting a new version via the Service or by other notice to you. You should review this Agreement periodically. Your continued access to or use of the Service constitutes acceptance of modified provisions. This Agreement may otherwise only be modified by a writing signed by both parties. Errors. The Service may contain errors, inaccuracies, and omissions, which Company may correct at any time but has no obligation to do so. Company may modify or discontinue the Service, including any products, descriptions, and prices, at any time. Company is not responsible for the accuracy or completeness of all content provided with the Service, and content is provided for general information only. Company makes efforts to display product photographs and information accurately, but we cannot guarantee that your display will be accurate. Termination. Company may terminate this Agreement, the Service, your account, and your 5 year Protection Plan at any time for any reason without prior notice. If you wish to terminate this Agreement, you should cease using the Service; and if you wish to cancel your 5 Year Protection Plan , you should follow the instructions outlined above. Sections 2, 3, 8, and 9 shall expressly survive any termination of this Agreement.

YOUR USE OF THE SERVICE. You must be at least 18 years old and legally qualified to use the Service and, if you are using the Service on behalf of a company, authorized to enter into this Agreement on behalf of that company. You warrant that all information you provide in connection with your use of the Service is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of any credentials and information used in connection with the Service, and you agree to notify Company immediately of any unauthorized use of the same. We reserve the right to suspend or terminate your use of the Service, including your account, and to suspend or cancel your 5 Year Protection Plan for a violation of this Agreement or any applicable laws. Limited License. Subject to your compliance with this Agreement and applicable laws, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service solely for your personal access and use in the manner intended by the Service. This license does not allow you to otherwise reproduce, copy, modify, reverse engineer, sell, or exploit any portion of the Service without our prior express written consent. Upon termination of this Agreement, your account, or as otherwise directed by Company, this limited license shall immediately cease, and you must stop accessing and using the Service. You are responsible for maintaining the confidentiality of your account information, and you agree to notify the Company immediately of any unauthorized use of your account. We reserve the right to refuse, suspend, or terminate your account and right to use the Service, or take such other action as we deem necessary in our discretion at any time for any reason subject to applicable laws. Communications with Company. By providing your email address or communicating with us, you expressly consent to receiving our marketing communications. Providing consent to promotional communications is not a condition of purchasing any goods or services. You can unsubscribe from marketing communications at any time by following the unsubscribe instructions in each communication or by contacting us as outlined below. If you unsubscribe from advertising content, we may still send you non-promotional communications, such as updates to these Terms. Prohibited Conduct. You are prohibited from doing or attempting to do the following, either by yourself or assisting another, in connection with your access to or use of the Service: a) Using the Service in any manner not intended (including any commercial re-sale use); b) Using the Service in any manner that violates these Terms or any applicable law; c) Providing false, misleading, or inaccurate information to Company or anyone else; d) Impersonating or otherwise misrepresenting affiliation with any person or entity; e) Using any engine, software, tool, agent, or other device or mechanism (including spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information; f) Accessing content or data not intended for you or that you are not authorized to access; g) Probing, scanning, or testing the vulnerability of the Service or any associated system or network, or breaching security or authentication measures without proper authorization; h) Interfering with the Service (including through malware or exploiting vulnerabilities); i) Forging, modifying, or falsifying any network packet or protocol header or metadata; and j) Modifying, reverse engineering, or disassembling the source code used by Company. Indemnification. You are responsible for your account and actions. As such, you shall defend, indemnify, and hold harmless Company and Company Entities from and against all claims, actions, demands, causes of action, and other proceedings, including attorney’s fees, arising out of or related to your account, your actions, or your violation of these Terms or applicable laws.

THIRD PARTY SERVICES. The Service may be linked with or refer to the services, websites, platforms, content, information, goods, services, or tools of third parties (collectively, “Third-Party Services”), some of which may have established relationships with Company and some of which do not. Company has not reviewed and does not control Third-Party Services. Company does not represent, warrant, or endorse any Third-Party Services, or the accuracy, completeness, usefulness, lawfulness, or quality of Third-Party Services. Third-Party Services should not necessarily be relied upon, and their third-party authors are solely responsible for their content. Company shall not be liable or responsible for any loss or damage resulting from your reliance on Third-Party Services.

INTELLECTUAL PROPERTY. Company, Company’s name and logo, Company’s website domain(s), and all content and other materials available through the Service (collectively, the “Company IP”), exclusive of your content and third-party content, are the trademarks, copyrights, intellectual property, and proprietary content of and owned by Company or its licensors and suppliers. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Service will inure to the benefit of Company, and you agree to assign, and do assign, all such goodwill to Company. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP. All rights not expressly granted in this Agreement are reserved by Company.

MISCELLANEOUS. This Agreement is the entire agreement between Company and you concerning the Service. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be declared invalid, void, or unenforceable by the arbitrator or Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and this Agreement is severable. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only. These Terms apply to the fullest extent permitted by applicable laws. You may have other rights and remedies not outlined above. These Terms and any offers are void where prohibited. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party’s reasonable control, including “acts of God,” labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

CONTACT US. All customer support inquiries should be directed through the contact us form at https://theicecabin.co/pages/contact or emailed to support@icecabin.co You must provide your full name and order number to a customer support representative in order for assistance with any shipping delays, refunds, returns or product protections.