Terms and Conditions of Use of iCapSolutions LLC
DBA MailAddiction Inc

This agreement was last updated August 2019

Please read the terms of use and the privacy policy that follow. By clicking below, you assent that you have read, understand and agree to the terms of use and the privacy policy. You must be 18 years of age to use this site.

iCapSolutions LLC reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. You agree to check these terms periodically for changes. Your continued use of the web site following the posting of changes to these terms, including the privacy policy, will mean you accept those changes. You represent and warrant to iCapSolutions LLC that you will fully comply with the terms and conditions of use, and the privacy policy. The iCapSolutions LLC web site and the mailaddiction web site are owned and operated by iCapSolutions LLC (referred to as "iCapSolutions," "we," "us," "our" or “web site”). If you do not agree to the terms outlined in this agreement, please do not use the site.

The privacy policy outlines our policy to respect the privacy of users. Please be sure to read our policy and check back periodically for changes.

Rights and restrictions on use.
You shall use the web site for lawful purposes only. you shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You are prohibited from using this site to facilitate mail abuse or spam. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of our site at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the site or restrict access to all parts of the site without notice or liability.

Linking sites.
Links in this web site may let the user leave the iCapSolutions LLC site. The linked sites are not under the control of iCapSolutions LLC, and we are not responsible for the content available on any other internet sites linked to the web site. We are providing these links to other internet sites as a convenience to users, and access to any other internet sites linked to this web site is at the user's own risk. The inclusion of any link does not imply a recommendation or endorsement by us of the linked site. This includes all affiliates. Please refer to the terms of use and privacy policy for each site visited.

Disclaimer of warranties.
iCapSolutions LLC is a conduit and intermediary for third party clients. The materials and the information offered on and in this site are provided "as is" and without warranties of any kind, either expresses or implied. You expressly agree that your use of this web site and your receipt of emails from this site, are at your sole risk. To the fullest extent permissible pursuant to applicable law, iCapSolutions LLC disclaims all warranties, express or implied, including, but not limited to, warranties of title, implied warranties of merchantability and fitness for a particular purpose related to the use of the web site. iCapSolutions LLC does not warrant that the web site, computer systems or software will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. You (and not iCapSolutions LLC) assume the entire cost of all necessary servicing, repair or correction.

Furthermore, iCapSolutions LLC does not warrant or make any representations regarding the materials, goods, content or services advertised either by iCapSolutions LLC, its clients, its advertising partners (affiliates), or advertised on the web site. As a service to our users, we provide access to third party clients and affiliates and ask that you review their company policies, including but not limited to their terms of use and privacy policy. you agree that neither iCapSolutions LLC, nor its affiliated or related entities, are responsible or liable to you for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any product, information or opinions provided on and through this site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of liability.
You assume total responsibility and risk for your use of this site and access thereto. You agree to indemnify, defend and hold harmless iCapSolutions LLC from and against any and all damages, claims, demands and liabilities, including attorney’s fees that directly or indirectly arise from, relate to, or result from use of this web site, either during this agreement or after termination, and/or any service provided by iCapSolutions LLC. The entire liability of iCapSolutions LLC, its officers, clients, providers, and authorized agents and your exclusive remedy shall be limited to actual damages incurred by you based on reasonable reliance up to the greater of the amount actually paid by you or U.S. $5. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Intellectual property and copyright infringement notice.
This site is controlled and operated by iCapSolutions LLC. our proprietary software, and our materials on this web site, including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "intellectual property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by our web site or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. We authorize you to download one temporary copy of parts or all of the intellectual property to a single computer for purposes of viewing and browsing the intellectual property, except where otherwise specified. except as expressly authorized herein, material from this web site and from any other web site owned, operated, controlled, or licensed by iCapSolutions LLC may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of iCapSolutions LLC intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.

Arbitration.
Any and all claims, disputes or controversies arising out of or relating to this agreement, or breach thereof, shall be resolved by binding individual (and not class) arbitration by and under the code of procedure of the American arbitration association ("AAA") in effect at the time the claim is filed. This agreement to arbitrate disputes shall apply no matter by whom or against whom the claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce. It shall be governed by the federal arbitration act, 9 U.S.C. sections 1-16.

Minors.
iCapSolutions LLC does not knowingly collect information from anyone under the age of 18. This site is directed at those who are over the age of 18. If someone is under the age of 18, they should only use this site under the supervision of an adult.

Jurisdictional issues.
This site is controlled and operated by iCapSolutions LLC from its offices within the state of California, United States of America. We make no representation that materials in our web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws are applicable.

This agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Los Angeles County, California or the federal courts in the southern district of California to resolve any disputes arising under this agreement.

Assignment and succession.
You may not grant, devise, or otherwise assign any rights or benefits under this agreement to any other party. Notwithstanding any other provision of this agreement, iCapSolutions LLC, its successors and assigns may fully enforce any term or provision of this agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Complete integration.
this document, including the documents referenced by and incorporated into this document, form the complete agreement between you and iCapSolutions LLC and supersedes any provision, understanding, or agreements (whether oral or written) and may not be modified except in writing or by making such changes available on this web site. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of either party to enforce performance by the other party of any provision of the terms of use or to exercise any right under the terms of use will not be construed as a waiver of any such provision or right and the same will be and remain in full force and effect. We will not waive the right to enforce any provision of this agreement except in writing. If you have any questions about iCapSolutions LLC terms and conditions of use, please email us at: support@icapsolutions.com.

The terms of use, including the privacy policy can change at any time without notice. It is the responsibility of the user to periodically check this URL: http://www.mailaddiction.com/Terms.shtml

By clicking below, you agree that you understand and assent to the terms of use, including the privacy policy for iCapSolutions LLC.

© iCapSolutions LLC, 2004
Manhattan Beach, CA 90266