Legal Notice
Effective Date: February 1, 2026 • Last Updated: February 1, 2026
1. INTRODUCTION & ACCEPTANCE OF TERMS
Welcome to Iconically Cool™ ("we," "us," "our," or the "Website"). By accessing, browsing, or using this website in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, Privacy Policy, Cookie Notice, and all other policies contained herein (collectively, the "Agreement").
IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE USE OF THIS WEBSITE.
This Agreement constitutes a legally binding contract between you (the "User" or "you") and Iconically Cool™. We reserve the right to modify, amend, or update this Agreement at any time without prior notice. Your continued use of the Website following any changes constitutes acceptance of those changes.
2. WEBSITE TERMS OF USE
2.1 Scope of Service
Iconically Cool™ currently provides:
- Informational content and blog articles
- Lead generation services and newsletter subscriptions
- General resources related to personal branding, creativity, and professional development
Future offerings may include:
- Digital books and publications
- Online courses and educational programs
- Premium content and memberships
- Downloadable resources and templates
2.2 Eligibility
You must be at least 18 years of age to use this Website. By using this Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this Agreement.
2.3 Account Registration & User Conduct
When you create an account, subscribe to our newsletter, or submit information through our Website:
- You agree to provide accurate, current, and complete information
- You are responsible for maintaining the confidentiality of your account credentials
- You agree not to impersonate any person or entity
- You agree not to use the Website for any unlawful purpose
- You will not attempt to gain unauthorized access to any systems or networks
Prohibited activities include but are not limited to:
- Distributing viruses, malware, or harmful code
- Scraping, data mining, or using automated systems to access content
- Reverse engineering any portion of the Website
- Engaging in any activity that interferes with or disrupts the Website
- Violating any applicable local, state, national, or international law
2.4 No Attorney-Client, Professional, or Advisory Relationship
IMPORTANT: Nothing on this Website creates, nor is intended to create, any professional relationship between you and Iconically Cool™. No content on this Website constitutes:
- Legal advice
- Financial advice
- Medical advice
- Professional consultation of any kind
Content provided is for general informational and educational purposes only and should not be relied upon as a substitute for professional advice tailored to your specific situation.
2.5 Third-Party Links & Content
This Website may contain links to third-party websites, services, or resources that are not owned or controlled by Iconically Cool™. We:
- Do not endorse or assume responsibility for third-party content
- Are not liable for any damages or losses arising from your use of third-party websites
- Do not guarantee the accuracy, completeness, or reliability of external content
You access third-party websites entirely at your own risk.
2.6 User-Generated Content
If the Website allows you to submit comments, reviews, testimonials, or other content:
- You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and display your content
- You represent that you own or have rights to all content you submit
- You agree not to submit content that is defamatory, obscene, offensive, or violates any law or third-party rights
- We reserve the right to remove or refuse any content at our sole discretion
2.7 Website Accessibility
Iconically Cool™ is committed to ensuring digital accessibility for all users, including individuals with disabilities. We strive to meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.
Accessibility Features:
- Keyboard navigation support
- Screen reader compatibility
- Alt text for images
- Sufficient color contrast
- Resizable text
Accessibility Feedback:
If you encounter accessibility barriers on this Website, please contact us via our Contact Form with "Accessibility" in the subject line. We will work to address your concerns promptly.
Ongoing Commitment:
We continuously review and improve our Website's accessibility. While we strive for full compliance, if you identify areas for improvement, we welcome your feedback.
3. PRIVACY POLICY
3.1 Information We Collect
Personal Information You Provide:
- Name, email address, phone number (when you subscribe or fill out contact forms)
- Any information voluntarily submitted through lead generation forms, surveys, or comments
- Payment information (if/when purchasing digital products or courses)
Information Automatically Collected:
- IP address, browser type, device information
- Pages visited, time spent on pages, referring URLs
- Geographic location data (general location, not precise GPS coordinates)
- Cookies and similar tracking technologies (see Section 4)
3.2 How We Use Your Information
We use collected information to:
- Deliver requested content, newsletters, and communications
- Respond to inquiries and provide customer support
- Improve Website functionality and user experience
- Analyze Website traffic and usage patterns
- Send promotional materials and marketing communications (with your consent)
- Process transactions (future book/course purchases)
- Comply with legal obligations and prevent fraud
3.3 Legal Basis for Processing (GDPR)
For users in the European Economic Area (EEA), United Kingdom, and Switzerland:
- Consent: When you opt-in to newsletters, cookies, or marketing communications
- Contractual Necessity: To fulfill services you've requested (e.g., delivering a purchased course)
- Legitimate Interests: To improve our services, analyze usage, and prevent fraud
- Legal Obligation: To comply with applicable laws and regulations
3.4 How We Share Your Information
We DO NOT sell, rent, or trade your personal information to third parties.
We may share information with:
- Service Providers: Third-party vendors who assist with email marketing, analytics, hosting, payment processing (only as necessary to perform their services)
- Legal Requirements: When required by law, court order, or government request
- Business Transfers: In the event of a merger, acquisition, or sale of assets
- With Your Consent: When you explicitly authorize sharing
Current and potential third-party services include:
- Email marketing platforms (e.g., Mailchimp, ConvertKit)
- Analytics tools (e.g., Google Analytics)
- Hosting providers
- Payment processors (e.g., Stripe, PayPal) - for future course/book sales
3.5 Data Retention
We retain personal information only as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required by law.
Specific Retention Periods:
- Contact form inquiries: 30-60 days after resolution, then securely deleted
- Newsletter subscribers: Until you unsubscribe
- Course/product purchases: 7 years (tax and legal compliance requirements)
- Analytics data: 26 months (anonymized)
When data is no longer needed, we will securely delete or anonymize it.
3.6 Data Security
We implement reasonable administrative, technical, and physical safeguards to protect your information. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your data, we cannot guarantee absolute security.
You are responsible for maintaining the confidentiality of your account credentials.
3.7 Your Rights & Choices
All Users:
- Opt-out of marketing emails via unsubscribe links
- Request information about data we hold about you
- Request correction of inaccurate information
- Disable cookies through browser settings (may affect Website functionality)
Additional Rights for EEA/UK/Swiss Users (GDPR):
- Right to Access: Request a copy of your personal data
- Right to Rectification: Correct inaccurate or incomplete data
- Right to Erasure ("Right to be Forgotten"): Request deletion of your data
- Right to Restrict Processing: Limit how we use your data
- Right to Data Portability: Receive your data in a structured, machine-readable format
- Right to Object: Object to processing based on legitimate interests
- Right to Withdraw Consent: Withdraw consent at any time (does not affect prior processing)
To exercise these rights, use our Contact Form and select "Legal/Privacy Request" from the subject dropdown.
California Users (CCPA/CPRA):
- Right to know what personal information is collected
- Right to know whether personal information is sold or disclosed
- Right to opt-out of sale of personal information (we do not sell information)
- Right to request deletion of personal information
- Right to non-discrimination for exercising privacy rights
Note for California Users:
As of February 1, 2026, Iconically Cool™ may qualify as a small business under CCPA thresholds (businesses with revenue under $25 million, processing data of fewer than 100,000 consumers, and not generating 50%+ revenue from data sales). However, we voluntarily comply with CCPA principles to protect your privacy. As our business grows, full CCPA obligations may apply, and we will update this policy accordingly.
4. COOKIE NOTICE & CONSENT
4.1 What Are Cookies?
Cookies are small text files stored on your device when you visit a website. They help websites remember your preferences and improve user experience.
4.2 Types of Cookies We Use
Strictly Necessary Cookies:
- Essential for Website functionality
- Cannot be disabled without affecting core features
- Examples: Session management, security features
Analytics Cookies:
- Help us understand how visitors use the Website
- Collect anonymous data on page views, traffic sources, user behavior
- Examples: Google Analytics (or similar)
Marketing/Advertising Cookies (Future Use):
- Used to deliver relevant advertisements
- Track ad performance and user engagement
- Will only be activated with your explicit consent
4.3 Cookie Consent & Global Privacy Control
For EU/EEA/UK Users:
By using this Website, you consent to our use of strictly necessary cookies. For analytics and marketing cookies, we will obtain your explicit consent before placing these cookies on your device.
You may withdraw consent at any time by:
- Adjusting cookie preferences via our cookie banner/settings
- Disabling cookies in your browser settings
- Contacting us via our Contact Form
Note: Disabling certain cookies may limit Website functionality.
Universal Opt-Out Mechanisms (GPC):
We honor Global Privacy Control (GPC) signals and other universal opt-out mechanisms. If your browser or device sends a GPC signal, we will treat it as a valid opt-out request for the sale or sharing of personal information and targeted advertising (where applicable under state privacy laws).
To enable GPC:
- Chrome/Edge: Install the Global Privacy Control extension
- Firefox: Privacy settings > Enable GPC
- Brave Browser: Built-in GPC (enabled by default)
4. COOKIE NOTICE & CONSENT
4.1 What Are Cookies?
Cookies are small text files stored on your device when you visit a website. They help websites remember your preferences and improve user experience.
4.2 Types of Cookies We Use
Strictly Necessary Cookies:
- Essential for Website functionality
- Cannot be disabled without affecting core features
- Examples: Session management, security features
Analytics Cookies:
- Help us understand how visitors use the Website
- Collect anonymous data on page views, traffic sources, user behavior
- Examples: Google Analytics (or similar)
Marketing/Advertising Cookies (Future Use):
- Used to deliver relevant advertisements
- Track ad performance and user engagement
- Will only be activated with your explicit consent
4.3 Cookie Consent & Global Privacy Control
For EU/EEA/UK Users:
By using this Website, you consent to our use of strictly necessary cookies. For analytics and marketing cookies, we will obtain your explicit consent before placing these cookies on your device.
You may withdraw consent at any time by:
- Adjusting cookie preferences via our cookie banner/settings
- Disabling cookies in your browser settings
- Contacting us via our Contact Form
Note: Disabling certain cookies may limit Website functionality.
Universal Opt-Out Mechanisms (GPC):
We honor Global Privacy Control (GPC) signals and other universal opt-out mechanisms. If your browser or device sends a GPC signal, we will treat it as a valid opt-out request for the sale or sharing of personal information and targeted advertising (where applicable under state privacy laws).
To enable GPC:
- Chrome/Edge: Install the Global Privacy Control extension
- Firefox: Privacy settings > Enable GPC
- Brave Browser: Built-in GPC (enabled by default)
4.4 How to Control Cookies
You can control and delete cookies through your browser settings:
- Chrome: Settings > Privacy and Security > Cookies
- Firefox: Options > Privacy & Security > Cookies and Site Data
- Safari: Preferences > Privacy > Manage Website Data
- Edge: Settings > Privacy, search, and services > Cookies
For more information, visit: www.aboutcookies.org or www.allaboutcookies.org
4.5 Third-Party Cookies
Third-party services (like Google Analytics) may set their own cookies. We do not control these cookies. Please review their privacy policies:
- Google Analytics: policies.google.com/privacy
5. GDPR COMPLIANCE & EU USER RIGHTS
If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, you have additional rights under the General Data Protection Regulation (GDPR) and equivalent laws.
5.1 Data Controller
Iconically Cool™ is the data controller responsible for your personal information.
Contact Information:
- Contact Form: www.iconicallycool.com/contact
- Mailing Address: [To be provided when business is registered]
5.2 Data Processing Principles
We process personal data in accordance with GDPR principles:
- Lawfulness, Fairness, Transparency: We process data legally and inform you how it's used
- Purpose Limitation: Data is collected for specific, legitimate purposes
- Data Minimization: We collect only necessary data
- Accuracy: We maintain accurate and up-to-date information
- Storage Limitation: Data is kept only as long as necessary
- Integrity & Confidentiality: We implement appropriate security measures
5.3 International Data Transfers
If you are located in the EEA/UK/Switzerland, your information may be transferred to and processed in the United States or other countries. We ensure appropriate safeguards are in place, such as:
- Standard Contractual Clauses (SCCs) approved by the European Commission
- Service providers certified under relevant data protection frameworks
5.4 Right to Lodge a Complaint
If you believe we have not handled your data properly, you have the right to lodge a complaint with your local data protection authority.
Find your data protection authority:
- EU: edpb.europa.eu
- UK: Information Commissioner's Office (ICO) - ico.org.uk
6. INTELLECTUAL PROPERTY & TRADEMARK NOTICE
6.1 Copyright Notice
All content on this Website is protected by copyright.
© 2026 Iconically Cool™. All Rights Reserved.
This includes but is not limited to:
- Text, articles, blog posts, graphics, images, videos, audio
- Website design, layout, user interface
- Logos, trademarks, service marks
- Software, code, scripts, functionality
- Future digital products (books, courses, templates)
You may NOT:
- Copy, reproduce, distribute, or publicly display content without written permission
- Use content for commercial purposes without authorization
- Modify, create derivative works, or reverse engineer any materials
- Remove copyright notices, trademarks, or proprietary markings
Limited Personal Use Permitted:
You may download or print content solely for personal, non-commercial use, provided you:
- Keep all copyright and proprietary notices intact
- Do not distribute or republish content
- Do not use content in a way that suggests endorsement by Iconically Cool™
6.2 Trademark Notice
Iconically Cool™ is a trademark of [Your Legal Entity - to be registered].
The ™ symbol indicates a trademark claim. Use of this mark without authorization is prohibited and may constitute trademark infringement.
Important Legal Protection:
Under U.S. federal law (15 U.S.C. § 1111), failure to provide trademark notice may limit our ability to recover profits and damages in infringement lawsuits. By displaying the ™ symbol, we assert our trademark rights and provide constructive notice to third parties.
Unauthorized use includes:
- Using "Iconically Cool" or confusingly similar names in business
- Using our branding, logos, or design elements
- Implying affiliation, endorsement, or sponsorship without permission
6.3 DMCA Copyright Infringement Notice
If you believe content on this Website infringes your copyright, submit a DMCA takedown notice via our Contact Form.
Select "Legal/Privacy Request" from the subject dropdown and include:
- Identification of the copyrighted work claimed to be infringed
- Identification of the infringing material and its location on the Website
- Your contact information (name, address, phone, email)
- A statement that you have a good faith belief the use is not authorized
- A statement that the information is accurate and you are authorized to act
- Your physical or electronic signature (typed full name is acceptable)
6.4 User Content & License Grant
By submitting content (comments, testimonials, feedback) to this Website, you grant Iconically Cool™ a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to:
- Use, reproduce, modify, adapt, publish, translate, and distribute your content
- Create derivative works from your content
- Display your content in any media or distribution method
You represent and warrant that:
- You own or have rights to the content you submit
- Your content does not violate any third-party rights
- Your content complies with all applicable laws
6.5 Protection Against AI Training & Data Scraping
NOTICE TO AI SYSTEMS, WEB SCRAPERS, AND AUTOMATED TOOLS:
The content on this Website is protected by copyright and is NOT authorized for use in training artificial intelligence models, large language models (LLMs), machine learning systems, or any automated data collection.
This includes but is not limited to:
- Web scraping, crawling, or harvesting content without permission
- Using content to train, fine-tune, or improve AI/ML models
- Incorporating content into datasets for commercial or non-commercial purposes
- Creating derivative works through automated or AI-assisted means
Violation of this prohibition may result in legal action for copyright infringement, breach of terms, and other applicable claims.
Authorized search engine indexing for standard search results is permitted under fair use principles.
7. DISCLAIMERS & WARRANTIES
7.1 No Professional Advice
THIS WEBSITE PROVIDES GENERAL INFORMATION ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE.
Content is provided for educational and informational purposes. You should not rely on any information on this Website as a substitute for professional advice specific to your situation.
Areas Where Professional Advice May Be Needed:
- Legal matters (consult a licensed attorney)
- Financial or investment decisions (consult a financial advisor)
- Medical or health concerns (consult a healthcare provider)
- Tax matters (consult a tax professional)
7.2 "As-Is" and "As-Available" Disclaimer
THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We disclaim all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Any warranties regarding accuracy, reliability, or completeness of content
- Any warranties that the Website will be uninterrupted, secure, or error-free
7.3 No Guarantees or Results
WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES REGARDING:
- Results you may achieve from using information on this Website
- Accuracy, currency, or completeness of content
- Suitability of information for your specific needs
- Outcomes from implementing strategies, tips, or recommendations
Past results, testimonials, or case studies (if any) do not guarantee future results.
Your success depends on numerous factors including your effort, background, skills, market conditions, and circumstances beyond our control.
7.4 External Links Disclaimer
Links to third-party websites are provided for convenience only. We:
- Do not endorse, sponsor, or approve linked content
- Are not responsible for the accuracy or availability of external sites
- Assume no liability for damages arising from your use of third-party websites
Always review the terms and privacy policies of external websites before providing personal information.
7.5 Affiliate & Sponsored Content Disclosure
Transparency Notice:
This Website may contain affiliate links, sponsored content, or advertisements. We may receive compensation when you click links or purchase products/services through our referrals.
Our Commitment:
- We only promote products/services we believe may be valuable
- Compensation does not influence our editorial content or recommendations
- All opinions expressed are our own
This disclosure is made in accordance with the Federal Trade Commission's 16 CFR Part 255: "Guides Concerning the Use of Endorsements and Testimonials in Advertising."
7.6 Technical & Security Disclaimer
While we implement reasonable security measures:
- We cannot guarantee the Website will be free from viruses, malware, or security vulnerabilities
- We are not responsible for unauthorized access or data breaches resulting from circumstances beyond our control
- You are responsible for implementing your own security measures (antivirus software, secure passwords, etc.)
Use of this Website is at your own risk.
7.7 Testimonials & Endorsements Disclaimer
Any testimonials, reviews, or endorsements on this Website:
- Reflect individual experiences and may not be representative of typical results
- Are not guarantees of future performance or outcomes
- May have been edited for length or clarity but not for content
- May not reflect the experience of all users
INDIVIDUAL RESULTS WILL VARY. YOUR RESULTS MAY DIFFER.
8. FUTURE SERVICES: ONLINE COURSES & DIGITAL PRODUCTS
8.1 Applicability
When Iconically Cool™ begins offering digital books, online courses, or other paid products, the following terms will apply in addition to all other terms in this Agreement.
8.2 Purchase Terms
Enrollment & Access:
- Purchases are final upon completion of checkout
- You will receive access credentials via email
- Access is granted for personal, non-commercial use only
- Course access duration will be specified at time of purchase (e.g., lifetime access, 12-month access)
Pricing:
- All prices are in U.S. Dollars (USD) unless otherwise stated
- Prices are subject to change without notice
- Promotional pricing may be limited in time or quantity
Payment Methods:
- We accept major credit cards, PayPal, and other payment methods as displayed at checkout
- Payment is processed by third-party providers (e.g., Stripe, PayPal)
- By providing payment information, you authorize us to charge the stated amount
8.3 Refund Policy
Digital Products (Books, Templates, Downloads):
- No refunds after download or access has been granted
- Digital products are considered "used" once accessed
Online Courses:
- 30-Day Money-Back Guarantee (if offered):
- Request a refund within 30 days of purchase
- Must demonstrate good-faith effort to engage with course material
- Refunds will not be granted if significant course content has been downloaded or if there is evidence of abuse
We reserve the right to deny refunds if:
- You have completed more than 50% of course content
- You have violated these Terms of Use
- There is evidence of fraud, abuse, or bad-faith enrollment
To request a refund: Use our Contact Form with your order number and reason for the request.
8.4 License & Usage Rights
Limited License Granted:
Upon purchase, you receive a non-exclusive, non-transferable, revocable license to:
- Access and view course materials for personal, non-commercial use
- Download materials designated as downloadable (if applicable)
- Use course knowledge to improve your own skills or business
Prohibited Actions:
- Sharing account credentials with others
- Reproducing, distributing, or reselling course content
- Recording, screen-capturing, or creating derivative works from course materials
- Uploading course content to file-sharing sites, torrent sites, or any public platform
- Using content to create competing products or services
Violation of these terms will result in immediate termination of access without refund and may result in legal action.
8.5 Course Completion & Certificates
- Course completion certificates (if offered) are provided upon meeting specified requirements
- Certificates are for personal use and do not constitute professional accreditation or certification
- Certificates do not guarantee employment, licensure, or specific outcomes
8.6 Technical Requirements
You are responsible for ensuring:
- Adequate internet connection to access online content
- Compatible devices and updated browsers
- Your own equipment, software, and technical setup
We are not liable for access issues due to your technical limitations.
8.7 Content Updates & Changes
We reserve the right to:
- Update, modify, or remove course content at any time
- Correct errors or inaccuracies
- Discontinue courses or products without notice
Active enrollees will receive reasonable notice of significant changes when feasible.
8.8 Student Conduct & Account Termination
Expected Conduct:
- Treat instructors and fellow students with respect
- Engage authentically and in good faith
- Do not disrupt course forums or communities
Grounds for Termination:
We may suspend or terminate your access without refund if you:
- Violate these Terms of Use
- Engage in harassment, abuse, or illegal activity
- Attempt to hack, reverse-engineer, or compromise course platform
- Share account credentials or course content
9. LIMITATION OF LIABILITY & INDEMNIFICATION
9.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ICONICALLY COOL™ AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
Direct Damages:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Cost of substitute goods or services
Indirect, Incidental, Special, Consequential, or Punitive Damages:
- Arising from your use or inability to use the Website
- Resulting from any content, products, or services obtained through the Website
- Based on any theory of liability, including breach of contract, tort, negligence, strict liability, or otherwise
Even if we have been advised of the possibility of such damages.
Maximum Liability Cap:
In jurisdictions that do not allow exclusion of liability, our total liability to you for any claim arising from this Agreement or your use of the Website shall not exceed the greater of:
- $100 USD, or
- The amount you paid to us in the 12 months preceding the claim (if any)
9.2 Exclusions & Exceptions
Some jurisdictions do not allow limitation of certain warranties or liability for incidental or consequential damages. In such cases, the above limitations may not apply to you, and liability will be limited to the fullest extent permitted by law.
9.3 Indemnification
You agree to indemnify, defend, and hold harmless Iconically Cool™ and its owners, officers, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Website
- Your violation of these Terms of Use
- Your violation of any third-party rights, including intellectual property or privacy rights
- Any content you submit or actions you take on the Website
- Any breach of your representations and warranties in this Agreement
This indemnification obligation survives termination of this Agreement.
9.4 Assumption of Risk
BY USING THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- Use of the Website and reliance on any content is entirely at your own risk
- You are solely responsible for any outcomes resulting from your use of information or services
- You assume full responsibility for implementing appropriate security measures
- You understand that Internet transmissions are never completely secure
10. DISPUTE RESOLUTION & GOVERNING LAW
10.1 Governing Law
This Agreement and any disputes arising from or relating to it shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of law principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10.2 Jurisdiction & Venue
For Non-Arbitrable Claims:
Subject to the arbitration provisions below, you agree that any legal action or proceeding arising from this Agreement shall be brought exclusively in the state or federal courts located in South Carolina.
You irrevocably consent to the jurisdiction and venue of such courts and waive any objection to jurisdiction or venue.
10.3 Mandatory Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate:
You and Iconically Cool™ agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Website (collectively, "Disputes") will be resolved by binding individual arbitration, rather than in court, except as provided below.
Disputes Subject to Arbitration Include:
- Breach of contract claims
- Tort claims
- Statutory claims (federal or state)
- Claims based on any legal theory
- Disputes regarding the scope, validity, or enforceability of this arbitration agreement
Exceptions (Not Subject to Arbitration):
- Small claims court actions (if requirements are met and the claim remains in small claims court)
- Actions to enforce intellectual property rights
- Injunctive or equitable relief to prevent unauthorized use of intellectual property
Arbitration Procedures:
- Arbitration will be conducted by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules
- The arbitration will be held in South Carolina or another mutually agreed location
- The arbitrator's decision will be final and binding, with limited exceptions under the Federal Arbitration Act
- Judgment on the arbitration award may be entered in any court with jurisdiction
Arbitration Costs:
- Each party will bear their own attorneys' fees unless applicable law provides otherwise
- JAMS filing and administrative fees will be shared equally unless the arbitrator determines otherwise
No Class Actions:
YOU AND ICONICALLY COOL™ AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.
You waive any right to participate in a class action lawsuit or class-wide arbitration.
10.4 Opt-Out of Arbitration
You have the right to opt out of this arbitration agreement.
To opt out, you must send written notice within 30 days of first accessing or using the Website.
Opt-Out Notice Must Include:
- Your full name
- Email address
- Statement: "I opt out of the arbitration agreement in the Iconically Cool™ Terms of Use"
Send Opt-Out Notice via our Contact Form:
- Select "Legal/Privacy Request" from the subject dropdown
- Include the statement above in your message
If you opt out:
- This arbitration agreement will not apply to you
- Disputes will be resolved in the courts specified in Section 10.2
- All other terms of this Agreement remain in full force
10.5 Severability of Arbitration Clause
If any portion of this arbitration agreement is found to be unenforceable, the remainder shall remain in effect. However, if the "No Class Actions" provision is found unenforceable, the entire arbitration agreement shall be void, and Disputes will be resolved in court.
10.6 Time Limitation on Claims
You agree that any claim or cause of action arising from this Agreement or your use of the Website must be filed within ONE (1) YEAR after the claim arose; otherwise, such claim is permanently barred.
This shortened statute of limitations applies to the fullest extent permitted by law.
11. GENERAL PROVISIONS
11.1 Entire Agreement
This Agreement, together with any additional terms specific to particular services (e.g., course enrollment terms), constitutes the entire agreement between you and Iconically Cool™ regarding the subject matter herein and supersedes all prior or contemporaneous communications, agreements, or understandings, whether written or oral.
11.2 Amendments & Modifications
We reserve the right to modify this Agreement at any time. Changes will be effective upon posting to the Website with an updated "Last Updated" date.
Your continued use of the Website after changes are posted constitutes acceptance of the modified Agreement.
Material changes will be communicated via:
- Prominent notice on the Website
- Email notification to registered users (when feasible)
If you do not agree to modifications, you must discontinue use of the Website.
11.3 Waiver
No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
11.4 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision will be severed.
11.5 Assignment
You may not assign, transfer, or delegate your rights or obligations under this Agreement without our prior written consent.
We may assign or transfer this Agreement, in whole or in part, without restriction and without notice to you. This includes assignment in connection with a merger, acquisition, reorganization, or sale of assets.
11.6 Force Majeure
Iconically Cool™ shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
- Acts of God (natural disasters, pandemics, epidemics)
- War, terrorism, civil unrest
- Government actions or restrictions
- Internet or telecommunications failures
- Cyber-attacks or hacking incidents
- Labor disputes or strikes
During force majeure events:
- Our obligations are suspended for the duration of the event
- We will make reasonable efforts to resume performance as soon as practicable
- You will not be entitled to refunds or compensation for delays caused by force majeure
11.7 Survival
Provisions that by their nature should survive termination shall survive, including but not limited to:
- Intellectual Property rights
- Disclaimers and Limitations of Liability
- Indemnification obligations
- Dispute Resolution and Governing Law
- General Provisions
11.8 No Third-Party Beneficiaries
This Agreement is solely for the benefit of you and Iconically Cool™. No third party shall have any rights to enforce any provision of this Agreement.
11.9 Headings & Interpretation
Section headings are for convenience only and do not affect the interpretation of this Agreement.
Interpretation Rules:
- "Including" means "including but not limited to"
- Singular includes plural and vice versa
- "Or" is not exclusive (means "and/or")
11.10 Electronic Communications
By using this Website, you consent to receive electronic communications from us, including:
- Email notifications
- Messages posted on the Website
- Mobile push notifications (if applicable)
You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
11.11 Language
This Agreement is written in English. Any translations provided are for convenience only. In the event of conflict, the English version prevails.
12. CONTACT INFORMATION
If you have questions, concerns, or requests regarding this Agreement, your privacy, or your data:
Iconically Cool™
Contact Form: www.iconicallycool.com/contact
Website: www.iconicallycool.com
Business Address: [To be provided upon business registration]
For GDPR/Privacy Requests:
Use our Contact Form and select "Legal/Privacy Request" from the subject dropdown.
For Accessibility Issues:
Use our Contact Form and include "Accessibility" in the subject line.
Response Time:
We respond to all inquiries within:
- 72 hours for GDPR data subject requests (as required by EU law)
- 5-7 business days for general inquiries
Contact Form Privacy Notice:
By submitting our contact form, you consent to Iconically Cool™ storing and processing your information solely to respond to your inquiry. Data will be retained for 30-60 days after resolution, then securely deleted. All form submissions are encrypted via HTTPS. For details, see Section 3 (Privacy Policy).
13. ACKNOWLEDGMENT & ACCEPTANCE
BY ACCESSING OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT:
- You have read and understood this entire Agreement
- You agree to be bound by all terms and conditions
- You understand that this Agreement constitutes a legally binding contract
- You consent to the collection, use, and processing of your information as described
- You understand and accept the limitations of liability, disclaimers, and arbitration provisions
- You are at least 18 years of age and have legal capacity to enter into this Agreement
IF YOU DO NOT AGREE, YOU MUST NOT USE THIS WEBSITE.
14. UPDATES & VERSION HISTORY
This Agreement may be updated periodically. Significant changes will be documented below:
Version History:
| Version | 1.0 |
|---|---|
| Effective Date | February 1, 2026 |
| Last Reviewed | February 1, 2026 |
| Summary of Changes | Initial publication |
Last Updated: February 1, 2026
Effective Date: February 1, 2026
This legal notice is provided for informational purposes and should be reviewed by a licensed attorney in your jurisdiction to ensure full compliance with applicable laws and regulations specific to your business circumstances.
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