Dispute Resolution and Arbitration Policy

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1. Introduction

At ICE Innovations Inc. ("ICE"), we are committed to providing a fair and efficient method for resolving any disputes that may arise between you ("User," "you," or "your") and ICE regarding your use of our services. This Dispute Resolution and Arbitration Policy (the "Policy") outlines the process for resolving disputes, including mandatory arbitration and class action waivers.

By using our services, including our website, mobile application, and any other associated services (collectively, the "Services"), you agree to be bound by this Policy. Please read it carefully.

2. Scope of the Policy

This Policy applies to all disputes, claims, or controversies arising out of or relating to your use of the Services, including but not limited to:

• Breach of contract claims;
• Tort claims;
• Statutory claims;
• Claims for violation of any local, state, or federal law or regulation;
• Disputes regarding the interpretation or validity of these Terms of Service, including this Policy.

3. Informal Dispute Resolution

3.1 Initial Process: Before initiating any formal dispute resolution process, you agree to first contact ICE's customer support team with your concerns. Our customer support team is available to assist you and will make every reasonable effort to resolve your issue in a timely manner.

3.2 Escalation: If your dispute cannot be resolved informally through our customer support team, you may escalate the issue to ICE's legal department. You must provide a written description of your dispute, including relevant facts and supporting documentation. ICE will review your submission and attempt to resolve the dispute within 30 days.

4. Mandatory Arbitration

4.1 Agreement to Arbitrate: If the dispute cannot be resolved informally, you and ICE agree to resolve the dispute exclusively through final and binding arbitration, rather than in court. This arbitration agreement is governed by the Federal Arbitration Act (FAA) and applies to any dispute between you and ICE, regardless of the nature of the claim.

4.2 Arbitration Process: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association (AAA) rules, including the AAA Consumer Arbitration Rules. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

4.3 Location and Fees: The arbitration will take place in a location that is reasonably convenient for both parties. If the arbitration costs are higher than the cost of filing a lawsuit, ICE will pay the difference, provided that your claim is not frivolous. Each party will be responsible for their own attorneys' fees and other costs associated with the arbitration.

4.4 Arbitration Exceptions: Notwithstanding the above, either party may bring an individual action in small claims court if the claim falls within the small claims court's jurisdiction. In addition, claims related to intellectual property rights and claims for injunctive relief may be brought in court.

5. Class Action Waiver

5.1 Waiver of Class Actions: You and ICE agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action. This waiver applies to class arbitration, class actions, and any other collective, representative, or consolidated proceedings.

5.2 Opt-Out: You may opt-out of this class action waiver within 30 days of the effective date of this Policy by providing written notice to ICE. Your opt-out must include your name, address, and a clear statement that you wish to opt-out of the class action waiver. Opting out of the class action waiver does not affect any other provisions of this Policy.

6. Limitation of Liability

6.1 Limitation: To the maximum extent permitted by law, ICE's liability for any claims arising out of or related to this Policy or the Services is limited to the amount you paid to ICE in the 12 months preceding the event giving rise to the claim.

6.2 Disclaimer: ICE is not liable for any indirect, incidental, consequential, or punitive damages, including lost profits, loss of data, or business interruption, even if we have been advised of the possibility of such damages.

7. Governing Law and Jurisdiction

7.1 Governing Law: This Policy is governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

7.2 Jurisdiction: Any legal action or proceeding arising out of or related to this Policy will be brought exclusively in the state or federal courts located in North Carolina, unless the parties agree to arbitration as outlined above.

8. Changes to the Policy

ICE reserves the right to modify this Policy at any time. We will notify you of any material changes by posting the updated Policy on our website and mobile application and providing notice through other channels, such as email. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Policy.

9. Severability

If any provision of this Policy is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable.

10. Contact Information

If you have any questions or concerns about this Policy or the Services, please contact us at: