Terms of Service & Waiver

Terms of Service & Waiver

Last Updated: Thursday, June 22nd, 2023

These Terms of Service & Waiver (“Terms”) govern your use of the services, products, and facilities provided by Embers & Ice LLC (“we,” “us,” or “our”). By accessing or using our services, products, or facilities (collectively referred to as the “Services”), you agree to comply with these Terms. If you do not agree with these Terms, please do not use our Services.

Assumption of Risk

1.1 Participation in Activities: You acknowledge and understand that participation in certain activities or use of our facilities may involve inherent risks, including but not limited to physical exertion, contact with hot surfaces, and potential injury. You voluntarily assume all risks associated with your participation and use of our Services.

2. Use of Services

2.1 Eligibility: By using our Services, you represent and warrant that you are at least [18 years old] [or the age of majority in your jurisdiction] and have the legal capacity to enter into these Terms.

2.2 Compliance: You agree to use our Services in compliance with applicable laws, regulations, and these Terms. You shall not engage in any unlawful or prohibited activities while using our Services.

2.3 Prohibited Conduct: You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Engage in any fraudulent, deceptive, or harmful activities
• Interfere with the security or functionality of our Services
• Use our Services to transmit any unauthorized or harmful content, including viruses or malicious code
• Engage in any activity that could impose an unreasonable burden or load on our infrastructure 
  
  
  

Intellectual Property

3.1 Ownership: All intellectual property rights related to our Services, including but not limited to trademarks, logos, designs, and content, are owned by Embers & Ice LLC or our licensors. You shall not use or reproduce any intellectual property without our prior written consent.

Limitation of Liability

4.1 Disclaimer of Liability: To the fullest extent permitted by applicable law, Embers & Ice LLC, its directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of our Services, regardless of the cause of action.

4.2 Indemnification: You agree to indemnify, defend, and hold Embers & Ice LLC harmless from any claims, losses, liabilities, damages, costs, or expenses arising out of or in connection with your use of our Services or any breach of these Terms.

Modification and Termination

5.1 Modification: We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website or notifying you through other means. It is your responsibility to review the Terms periodically for any updates.

5.2 Termination: We may suspend or terminate your access to our Services, in whole or in part, at our sole discretion, with or without notice, for any reason or no reason at all.

Governing Law and Dispute Resolution

6.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].

Severability

7.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.