Users agree to provide the Site with accurate information in connection with the purchase of any product purchased or obtained via the Site and in connection with the “Create a Profile” and to maintain and update such User Information as necessary. With regard to the content of any submissions you make through this Site, you agree to remain solely responsible, and agree to not submit materials that are unlawful, defamatory, abusive or obscene. You also agree that you will not submit anything to this Site that violates any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.
3. Data Usage.
Coolerado may use information that is recorded about Users or submitted by Users and aggregated into groups so that it no longer reflects or references an individually identifiable user, for the purpose of creating statistical summary databases for benchmarking and for use in research and development to create, refine, and improve Coolerado products and services.
4. The Site.
Coolerado reserves the right, in its sole discretion, to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time, with or without notice.
5. Registration and Passwords.
To use certain sections of this Web site, you will need a user name and password, which you will select as part of the registration process. You acknowledge that Coolerado reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trademark or other proprietary interest, is obscene or profane or otherwise determined by Coolerado, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. It is your responsibility to maintain the confidentiality of the password and you are responsible for all activities that occur under your user name and password. You agree to immediately notify Coolerado of any unauthorized use of your password or any other breach of security. Coolerado is not and will not be responsible for any loss or damage resulting from your failure to protect your user name and password.
6. Links to Other Sites.
The Site may contain links to other sites hosted and/or maintained by third parties. Coolerado shall not be responsible for the content of any third party sites that may be linked to or from Coolerado.com. These links are provided for your convenience, and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. Coolerado does not assume any responsibility or liability for the content or use of any third party site or any third party’s products and/or services.
You agree to indemnify and hold harmless Coolerado, its subsidiaries and affiliates, and their respective officers, employees and agents, from any and all third party claims or demands, including reasonable attorney’s fees, arising out of your use of the Site, your breach of these terms of service and/or your infringement of any intellectual property right(s).
8. Disclaimer and Limitation of Liability.
Coolerado assumes no liability for any errors or omissions contained on or in the Site. The Site is offered to you on an “As Is” basis without a warranty of any kind, either express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. Coolerado disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to any information which is posted to the Site by any 3rd party, including without limitation, information posted on any blog. COOLERADO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF COOLERADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COOLERADO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE DOLLAR ($1.00).
9. Trademarks and Copyrights.
The trademarks, service marks, logos and trade dress of Coolerado used on this Site are the intellectual property of Coolerado and its affiliates and subsidiaries in the United States and throughout the world (collectively “Marks”). All third party trademarks on the Site are the property of their respective owners and are used under applicable law or with the owners’ permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Coolerado. Those uses that are authorized must comply with Coolerado’s trademark usage guidelines (provided when necessary upon request). The images, text, organization and layout (collectively “Materials”) of this site are the exclusive property of Coolerado and are copyrighted and protected by worldwide copyright laws and treaty provisions. Subject to fair use exceptions, Coolerado does not authorize any downloading, distribution or republication of any Materials on this site, without prior written permission. Any third party copyrighted material appearing on the Site is used under applicable law or with the owner’s permission. Coolerado will enforce its intellectual property rights to the fullest extent permitted under the law.
10. Forward-Looking Statements Disclaimer.
This site may contain “forward-looking statements” about our expected future business and financial performance. These statements are based on the currently available operating, financial and competitive information as of the date of such statements and Coolerado assumes no obligation to update any forward-looking statements contained on this site as a result of new information or future events or developments. Words such as “estimate,” “project,” “plan,” “believe,” “expect,” “anticipate,” “intend,” and similar expressions may identify forward-looking statements. For us forward-looking statements include, but are not limited to, statements about possible restructuring charges and our future guidance. Forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those projected. These risks and uncertainties include, but are not limited to: negative developments in economic conditions, including adverse impacts on customer demand, timely development and acceptance of new products or gaining product approval; successful entry into new markets; changes in interest rates; and changes in postal regulations. In addition, the forward-looking statements are subject to change based on the timing and specific terms of any announced acquisitions or dispositions. Undue reliance should not be placed on such forward-looking statements, as such statements speak only as of the date on which they are made.
Coolerado’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.
12. Choice of Law and Jurisdiction.
The validity and interpretation of this Agreement and the legal relations of the parties to it shall be governed by the laws of the State of Colorado, without regard to its conflict of laws principles. In the event of a dispute, the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of Colorado.