Updated and made effective : August 5, 2017
The services that KB Consulting Partner LLC ("KB Consulting") provides to you are subject to the following Terms of Service ("TOS"). The most current version of the TOS can be reviewed by clicking on the "Terms of Service" link located at the bottom of beycome.com or included within our application, if any provided for use. This TOS is applicable to the use of beycome.com, and any other related applications and websites, as well as any products or services where this TOS is posted. (collectively "beycome").
The pronouns "you" or "your" refer to you as a user of beycome ("User"). The pronouns "ours" "us" or "we" refer to KB Consulting. The term "Service Providers" refers to our affiliates, partners and providers of services.
BY CONTINUING TO USE BEYCOME AND ANY ASSOCIATED SERVICES, YOU AGREE TO COMPLY WITH THIS TOS AND ALL OF THE TERMS AND CONDITIONS HEREOF.
FURTHERMORE, WITHOUT LIMITING ANY PROVISIONS OF THIS TOS, YOU MUST ALSO COMPLY WITH ALL APPLICABLE THIRD PARTY POLICIES WHEN USING BEYCOME AND ANY ASSOCIATED PRODUCTS AND SERVICES.
beycome is an online web platform on which sellers can list their real estate property for sale or lease and buyers can search for real estate property. The platform allows buyers to contact sellers, make an offer, negotiate basic terms and finally enter into an agreement. beycome does not represent any User and as such, KB Consulting, by and through beycome and the Services, is not a real estate broker and does not act as a real estate broker for any User on beycome. beycome does not sell, buy, or negotiate the purchase, sale or exchange of real property. Furthermore, beycome does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
We reserve the right to change or discontinue any aspect or feature of beycome and the Services, including their availability and equipment needed to use them, at anytime, for any reason and without notice. We may also revise this TOS at anytime, for any reason and without notice and such revision will be effective immediately upon posting of the revised TOS. Your use of beycome and the Services may also be subject to the terms of service of our Service Providers and other third parties.
YOUR CONTINUED USE OF BEYCOME AND/OR THE SERVICES WILL CONSTITUTE YOUR AGREEMENT AND ACCEPTANCE OF ALL SUCH CHANGES. IN THE EVENT YOU DO NOT AGREE AND DO NOT ACCEPT THE CHANGES YOUR ONLY REMEDY IS TO IMMEDIATELY CEASE ANY AND ALL USE OF BEYCOME AND/OR THE SERVICES.
You may browse and view certain content without registering, but as a condition to using certain aspects of beycome and the Services, you may be required to register. When you register, you must provide us with your current, complete and accurate Personal Information, as needed. You agree to refrain from impersonating or falsely representing your affiliation with any person or entity. We reserve the right to refuse to accept your registration or cancel an existing User registration in our sole discretion, at any time and without notice.
You are entirely responsible for any and all activity in your account. It is your responsibility to keep your passwords and other account information confidential. The conditional limited right granted to you to use beycome and/or the Services is personal to you and is not transferable to any other person or entity. You agree to notify us immediately of any unauthorized use of your account or any other breach of security related to beycome and KB Consulting.
By creating an account, you agree to receive certain communications in connection with beycome and Services such as promotional offers, requests, communication from other Users, our e-mail newsletter, text SMS messages. You can opt-out of non-essential communications through beycome or by contacting us.
Please be advised that certain features and requirements by beycome, as a condition to using beycome and the Services are integral to the embedded functionality of beycome and therefore cannot be removed or turned off. If that is the case, your only recourse is to stop using beycome and if applicable uninstall beycome from your device.
beycome makes available to its Users certain services that are provided by third parties. You are responsible to comply with all of the terms of service of those third party service providers ("Service Provider"). KB Consulting is not the employer, partner, agent, franchisee or joint venturer of any Service Provider. A Service Provider providing Services to you is an independent contractor separate and apart from KB Consulting. You acknowledge that we do not supervise, direct, or control a Service Provider's provision of Services.
beycome's premium feature allows you to list your property on a multiple listing service ("MLS") that notifies brokers who subscribe to the MLS service that the property is for sale or for rent. The MLS service is provided by BAR Invest Realty LLC which is a Service Provider. Please be advised that the mere availability of the MLS service is not a solicitation by KB Consulting or BAR Invest Realty LLC to become a listing broker in the event your property is already listed with a broker. If you elect to list your property on the MLS, BAR Invest Realty LLC will provide the listing service and you will not be required to pay a commission to BAR Invest Realty LLC in the event your property is sold and/or rented. Notwithstanding, you hereby acknowledge that all MLS listings require a buyer's agency commission be paid.
In addition, you may be provided with the estimated value of your Property by the MLS based upon the sale / rental of comparable properties in the same area. Such information and any other information provided by the MLS is not under our control and we are not responsible or liable for the accuracy of such information.
MLS property listings are modifiable through beycome. beycome restricts MLS listing changes to four (4) per calendar month, this includes addition or removal of photos, text updates, pricing changes, information updates, and the like. If more than four (4) changes need to be made within one calendar month, a $4.99 fee per each additional change will be charged.
Mortgage Payments Calculator - As a convenience, we provide Users with a mortgage calculator that estimates monthly mortgage payments, and other fees, based on certain criteria provided by the seller and/or buyer and based on the property. The mortgage calculator is provided by a Service Provider and is only meant to illustrate the approximate mortgage payments associated with a property and is an accurate nor complete representation of the actual mortgage payments in connection with the property.
Links to Third Parties - After an offer has been accepted by a buyer, the buyer may be provided with third-party links which show the names of real estate attorneys, title companies, surveyors, mortgage companies, trade professionals, moving companies and other service providers. We provide these links only as a convenience, and the inclusion of the names of these Service Providers is neither an endorsement nor a recommendation of such Service Providers. We are not responsible or liable for the quality of any of the services rendered by the Service Providers.
Sample Legal Forms - We may also provide sample legal forms for reference. These forms are provided "as is" to be a basic starting point and are not intended to be legal advice and should not be treated as such. The sample forms are provided without any representations or warranties, express or implied and no representation is made as to their validity, accuracy or completeness. Therefore, you must not rely on such sample forms in any manner and you are encouraged to retain an attorney or other legal professional to advise you. No representation is made that such sample forms comply with any plain language obligations that may exist in your jurisdiction.
Payment for the $79 Flat Fee MLS Service is done in advance of providing the Service. Similarly, the up-front payment of $9 for The Closer Service is done in advance of providing the Service. Payments are processed by third party payment processors. You hereby authorize us to keep your credit card information and associated information on file in your account for the $149 closing fee of The Closer Service or the $89 cancellation fee of The Closer Service.
You may request to terminate a listing if the property has been sold, rented or for any reason and at any time. No partial or full refunds will be available once a payment for the ordered Service has been processed.
You may use beycome and Services for lawful purposes only. You are solely responsible for any of your actions in connection with beycome and the Services.
You are prohibited from using beycome and/or the Services, for any unlawful, threatening, abusive, obscene, vulgar, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable material, violates the rights of others, protected by non-disclosure agreement, profane, which or without our express prior written approval contains advertising or any solicitation. or any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right.
You are not permitted to send bulk unsolicited emails, notifications, communication or other mass messaging, whether commercial in nature or not, through beycome and the Services or to other Users of beycome. You are not permitted to engage in keyword spamming, or otherwise attempt to manipulate beycome search results or any third party applications or websites, use any automated queries, screen and database scraping, spiders, robots, crawlers, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of beycome.com. You are not permitted to restrict any other user of beycome and the Services from using beycome and the Services. You are not permitted to modify, publish, transmit, distribute, publish, participate in the transfer or sale, create derivative works, reproduce, reformulate, adapt, alter, adjust, change, disassemble, frame, decompile, reverse engineer, decrypt, circumvent, damage, limit or in any way exploit, any of the content, code, or software on beycome and the Services, in whole or in part. You are not permitted to use beycome and the Services to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
You will be solely liable for any and all damages, reasonable attorney fees and costs resulting from your conduct. We reserve the right to limit, suspend or terminate your account or access to beycome and the Services at any time, for any reason and without notice. You acknowledge that we have the right, but not the obligation, to monitor your usage of beycome and the Services, to assess compliance with these TOS, to monitor content contributed by you, and other Users, and to satisfy any law, regulation, legal process or authorized government request.
You may terminate using beycome and the Services at any time by closing your account, discontinuing your use of beycome and the Services, uninstalling beycome from your device, if applicable. Terminating your account does not terminate any of your obligations that may exist as a User of beycome and the Services.
To the extent that you post, upload, input, submit or otherwise transmit information, including text, images and videos to or through beycome and the Services (collectively, "User Content"), you agree that the User Content is true, accurate and complete. You are entirely responsible for all the User Content you provide or otherwise make available on beycome and the Services. You also warrant and represent that you own or otherwise control all of the rights to such User Content, including, without limitation, all the rights necessary for you to transmit and post such User Content, and to transfer your or others' interests and rights in the User Content to KB Consulting.
You hereby acknowledge that you will not use beycome and the Services to transmit and post any User Content that: i) is not related to appropriate subject matters; ii) which is misleading to others, including consumers; iii) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; iv) that you do not have a right to transmit and post under any law or under contractual relationships or where such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; v) that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or vi) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By transmitting and posting User Content on beycome and the Services, you represent and warrant that you have the right to grant, to KB Consulting an automatic, irrevocable, perpetual, fully paid, transferable, licensable, sub-licensable, assignable, sellable, worldwide license to use, copy, perform, display, and distribute the User Content and to prepare derivative works of, or incorporate the User Content into other works, in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting User Content to any public area of beycome and the Services, you grant KB Consulting all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on beycome and the Services by any party for any purpose. You further acknowledge that KB Consulting is under no obligation to use or post any User Content and may edit or remove any User Content at any time, in its sole discretion and without notice.
You are not permitted to upload, post, reproduce, display or otherwise make available on beycome any material protected by copyright, trademark, confidential material for which you are or a third-party is bound by a confidentiality agreement or other proprietary right without the express permission of the owner of the said material.
When you submit a listing on beycome you represent that you are either the owner of the property and have the right to offer the property for sale or rent, as may be applicable, or that you have a written authorization to act on behalf of the property owner(s) and list the property for sale or rent. You further agree not to provide any false or incomplete information about the property.
Compliance with the law is paramount to a successful listing. Therefore, you hereby acknowledge that listings must comply with the Federal Fair Housing Act of 1968, as amended, and cannot contain any discriminatory preferences or limitations that are based on national origin, race, color, gender, sexual orientation, religion, age, handicap and familial status.
beycome respects the intellectual property rights of others, and demands that Users do the same. Anyone who believes that their work has been reproduced on beycome and the Services in a way that constitutes copyright infringement may notify KB Consulting's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:By mail:
By e-mail: firstname.lastname@example.org
Please be advised that if you give notice of copyright infringement by e-mail, we may choose to begin investigating the alleged copyright infringement; however, we must also receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
beycome and/or the Services are intended to be used in the Unites States only. Any use outside the United States is not authorized. You must be at least 18 years old to use beycome and the Services. If you are under the age of 18 you may NOT use beycome and the Services.
beycome and/or the Services may link to other websites, services or resources internally, externally to the Internet or to other applications. When you access third party application and/or websites, you do so at your own risk. Such third parties are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third party content, service or resource. The inclusion of any such link does not imply endorsement by us of such content, service or resources.
Third party websites, mobile applications, services or resources may contain links that point to beycome and/or the Services. We have no control over such incoming links and you must use them at your own risk. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, links, goods or services.
The design of beycome.com and all content on beycome.com and the Services are protected under U.S. and international copyright laws. beycome is owned by KB Consulting and, except as specifically stated or otherwise indicated, all content on beycome and the Services including, but not limited to logos, trade names, product and service names, design marks, slogans, text, data, messages, pictures, images, video, audio, graphics, data compilations, icons, code, links on the and any other proprietary rights of KB Consulting are the property of KB Consulting or of third parties and protected by intellectual property laws.
Any software made available on beycome and/or through the Services or downloaded to your device in connection with the use of beycome and the Services is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software.
KB Consulting hereby grants you a limited, non-exclusive, non-transferable, personal, non-commercial, terminable license to view content located on beycome and Services. Please note that the Services, products, technology, documents, materials and processes made available through beycome and the Services may be the subject of other intellectual property rights and licenses reserved by KB Consulting or by other third parties.
Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any other license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of KB or of any third party. KB and/or any third party owner of such rights hereby retain all such rights. KB reserves the right to require you to delete, destroy or otherwise remove any content from beycome and/or the Services that is used in a manner that in KB's sole opinion is contrary or otherwise inappropriate, derogatory or offensive.
You are solely responsible to procure and maintain any equipment or service that is necessary to access and use beycome and the Services.
KB does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, services, features, technologies, promotions or improvements. If you send us any unsolicited feedback, you acknowledge and agree that KB Consulting will not be under any obligation of confidentiality with respect to the unsolicited feedback. You further agree to give us a worldwide, royalty-free, perpetual, irrevocable, transferrable, assignable, sellable, licensable and sub-licensable right and license to use, reproduce, perform, modify, adapt, publish, translate and distribute such material (in whole or in part) and to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in any unsolicited feedback.
BEYCOME AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
KB CONSULTING DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO USER CONTENT AND THE INFORMATION ACCESSED FROM, OR VIA, LINKS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.
NEITHER KB CONSULTING, THE SERVICE PROVIDERS NOR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, AGENTS, CONTRACTORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ACCESS TO BEYCOME AND THE SERVICES WILL BE UNINTERRUPTED, COMPATIBLE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BEYCOME AND THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BEYCOME AND THE SERVICES.
WE MAKE NO GUARANTEE THAT YOU WILL BE SUCCESSFUL IN SELLING / RENTING YOUR PROPERTY THROUGH BEYCOME.COM AND THE SERVICES. WE DO NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, EFFECTIVENESS OR RELIABILITY OF ANY CONTENT POSTED BY US OR OUR USERS. YOU HEREBY ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY US OR OTHER USERS WILL BE AT YOUR OWN RISK AND NOT THE FAULT OF KB CONSULTING ITS EMPLOYEES, OFFICERS, AGENTS, PARTNERS, SERVICE PROVIDERS AND AFFILIATES.
BY USING BEYCOME AND THE SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS TOS ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE OR IN THE EVENT YOU DISAGREE WITH THIS TOS OR ANY OTHER POLICY, PRACTICE OR ACTION OF KB CONSULTING, YOU AGREE THAT YOUR SOLE RECOURSE WOULD BE TO IMMEDIATELY STOP USING BEYCOME AND THE SERVICES.
Some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you. The TOS and specifically this Section shall not act to limit any of your rights under applicable law.
IN NO EVENT SHALL KB CONSULTING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BEYCOME AND THE SERVICES, WITH THE DELAY OR INABILITY TO ACCESS OR USE BEYCOME AND THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE BEYCOME AND THE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH BEYCOME AND THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF BEYCOME AND THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KB CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF BEYCOME AND THE SERVICES, AND ALL OTHER USE OF BEYCOME AND THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULTS THEREFROM.
KB CONSULTING EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE AS A RESULT OF USING BEYCOME AND THE SERVICES. BEYCOME AND THE SERVICES ARE ONLY A VENUE AND PLATFORM FOR SELLERS AND BUYERS TO FIND ONE ANOTHER, KB CONSULTING WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY PROPERTY LISTED ON BEYCOME AND THE SERVICES. YOU EXPRESSLY WAIVE AND RELEASE KB CONSULTING FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USE OF BEYCOME AND THE SERVICES.
IN THE EVENT YOU HAVE A DISPUTE WITH ANOTHER USER, YOU HEREBY RELEASE KB CONSULTING, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES. EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, CONTRACTORS AFFILIATES, AGENTS AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT, INCIDENTAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
You expressly waive and release any and all rights and benefits under section 1542 of the civil code of the State of California (or any analogous law of any other state), which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor."
This TOS constitutes the entire agreement between KB and you with respect to the subject matter hereof, and supersede all previous written or oral agreements between us. This TOS shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. Venue for any legal action shall be with the courts located in Miami-Dade County. No waiver by either of us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Any provision that by its nature requires performance or non-performance after the termination or expiration of this TOS shall survive the expiration or termination of the Agreement. KB Consulting may assign this TOS, in whole or in part, at any time with or without notice to you. You may not assign this TOS, or assign, transfer or sub-license any of your rights, if any, in beycome and the Services.
We and You each hereby acknowledge that the other party has entered into this TOS upon the reliance on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between us. That without such limitations KB Consulting would not made beycome and Services available to you.
The foregoing provisions contained in this TOS are for the benefit of KB Consulting, its subsidiaries, affiliates, Service Providers, licensors, assignees, successors, employees, officers, members, managers, contractors, agents and third parties and each shall have the right to assert and enforce such provisions directly on its own behalf.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of beycome and the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
BY CONTINUING TO USE BEYCOME AND THE SERVICES YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND AGREE THAT YOUR USE OF BEYCOME AND THE SERVICES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TOS.