Cooler Technologies, Inc. provides various products, social networking applications and services (collectively, the “Service”). These highlights of our Terms of Service are to help you understand the terms by which you are bound when visiting our sites or accessing our services. Please also read our full Terms of Service for details and defined terms.
Each time you access and/or use the Service, you agree to be bound by these Terms of Service and any additional terms that will apply to you, prospectively. More Info
Any disputes under these Terms of Service will be resolved on an individual basis through binding arbitration, with no class relief. More Info
We disclaim warranties and provide the Service "as is." More Info
You agree that we may notify you about material changes to these Terms of Service by posting a new “Effective Date.” More Info
Our liability is limited. More Info
Questions about our Terms of Service may be sent to firstname.lastname@example.org or as otherwise set forth in these Terms of Service. More Info
This Terms of Service (the “Terms of Service”) between you and Cooler Technologies, Inc. (“Cooler,” “we,” “us,” and/or “our”) sets forth the legally binding terms for (1) your use of the website located at www.cooler.tv (or any successor website), any mobile-enabled website with similar features and functionality, any related applications, services, and tools, and any services, software, and applications made available through any of the foregoing (collectively, the “Site”) and (2) your use of any mobile application designed to provide features and functionality similar to the Site (the “Application;” and together with the Site, the “Service”).
Cooler may modify this Terms of Service at any time and such modification will be effective upon posting by Cooler on the Site. You agree to be bound by any changes to this Terms of Service when you use the Service after any such modification is posted. It is therefore important that you review this Terms of Service regularly to ensure you are updated as to any changes. If you do not agree with any of the terms of this Terms of Service, you must immediately discontinue your use of the Services.
a. Description. The Cooler Service is a social platform that enables users to safely and enjoyably share their reactions to their favorite television shows without fear of spoilers. It allows users and their friends to freely discuss their favorite shows even though they’re watching them at different times.
b. User Identity. While using our Service, you may from time to time interact with a third party who is misrepresenting his/her/its identity or otherwise acting under false pretenses. Cooler does not and cannot confirm each user's purported identity and is not responsible for any damage or loss resulting from misrepresentations of identity, including the theft or misuse of your identity. Cooler may attempt, but is under no obligation, to independently confirm a user's purported identity.
c. Compliance with Laws. You agree not to use the Service, in whole or in part, for any purpose that is unlawful. The Service is subject to, and you agree that you will at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Service.
d. Advertisements. You understand and agree that the Service will include advertisements and that such advertisements are necessary for Cooler to provide the Service to you. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Cooler will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
e. Data Collection Policy. All data generated by or collected from us or our users while visiting using our Service is our property. Any third party collecting or attempting to collect data from us or our users (a "Data Collector") is hereby notified that it is subject to this paragraph. No party unaffiliated with us may collect or use, or direct, authorize or assist other persons or entities to collect or use, any data from a user, or a computer or device operated by a user, while accessing our Service without our prior express written permission. For example, no data may be collected, used or transferred for purposes of retargeting, behavioral remarketing, or targeting any advertisements, segment categorization or any form of syndication that is related to our Service, the content on our Service, or our users without our prior express written permission in each instance. The data covered by this paragraph includes, but is not limited to, data collected via any advertising unit, widget, pixel tag, cookie, script or other data collection process.
f. Support Services. Cooler may, in its sole discretion, provide you with support services related to the Service or any portion thereof (“Support Services”). However, Cooler is not required to provide Support Services to you. No failure to provide, or to continue to provide, Support Services will be a default by Cooler under this Terms of Service.
g. Modifications. Cooler reserves the right to (i) perform regular or planned or unplanned maintenance to the Service due to technology improvements or bugs, and you may or may not be notified of these changes before they occur and (ii) modify, update, or discontinue, temporarily or permanently, the Service (or any part thereof) at any time, with or without notice, in Cooler’ sole discretion. You agree that Cooler will not be liable to you or to any third party for any modification, update, or discontinuance of the Service. Notwithstanding the foregoing, Cooler has no obligation to maintain the material and services made available on the Service or to supply any corrections, updates, or releases in connection therewith.
h. Fees. Cooler currently does not charge a fee for the Service. Cooler reserves the right to begin charging a fee for the Service, or any portion of the Service, at any time and for any reason. If Cooler decides to charge for the Service, it will amend this Terms of Service to reflect the new fee, and the amended Terms of Service will be effective upon the posting of the new Terms of Service on the Site. Cooler will also provide existing customers with reasonable advance notice of any new fees and an opportunity to opt-out of the Service if they do not wish to pay such fees.
i. Communications from Cooler. When you use our Service, Facebook and Twitter may provide us with certain information about you, including your e-mail address. By using our Service, you agree that such action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our use of your e-mail address to send you updates and communications about our products and services, changes to the Service, service announcements, information about administrative matters, promotions, coupons, discounts, sweepstakes, special offers, or contests, advertising, or other messages.
a. Age Eligibility. You must be at least 18 years old (or the age of majority, as determined by the laws in the state in which you reside, whichever is older) to use the Service.
b. Lack of Access. Without limiting any other remedies available, we may at any time, with or without notice to you, and in our sole discretion, refuse to provide, limit, suspend, or terminate your use of the Service, your user account, and/or your activities on the Service and take any technical and legal steps to keep you from using our Service. This Terms of Service will remain in effect after any such action has been taken. You agree that Cooler will not be liable to you or any third-party for any limitation, suspension, or termination of your access to the Service. Your use of the Service is void where prohibited.
c. Availability and Use Outside of the United States. The Service is controlled from facilities in the United States. Cooler makes no representations that the Service or any portion thereof is appropriate or available for use in other locations. Those who access or use the Service or any portion thereof from other jurisdictions do so at their own volition and are responsible for compliance with local law.
a. Responsibility. You are solely responsible for (i) all descriptions, pictures of items, listings, files, images, photos, information, data, text, software, music, sound, graphics, videos, ratings reviews, user profiles, pet profiles, messages, works of authorship, or other materials that you upload, post, publish or display (hereinafter, "post") or otherwise transmit to, through, or in connection with the Service (“User Content”), (ii) any other material or information that you transmit to other users of the Service, and (iii) your interactions with other users of the Service. Cooler does not endorse and has no control over the User Content you post on the Service. User Content is not necessarily reviewed by Cooler prior to posting and does not necessarily reflect the opinions or policies of Cooler. Cooler makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other users. Cooler assumes no responsibility for monitoring the Service for inappropriate User Content. If at any time Cooler chooses, in its sole discretion, to monitor the Service, Cooler nonetheless assumes no responsibility for the User Content (including, without limitation, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in the User Content), has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the user posting any such User Content. Notwithstanding the foregoing, Cooler may delete any User Content that, in the sole judgment of Cooler, violates this Terms of Service or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or for any other reason.
b. Ratings and Reviews. You represent, warrant, promise, and acknowledge that (i) all reviews and ratings you submit to the Service will be (a) based upon your actual first-hand experiences with the applicable TV shows you are reviewing and (b) accurate, honest, truthful, and complete in all respects; (b) you do not work for, own any interest in, or serve on the board of directors of any party involved in the production, financing, or distribution of the TV shows for which you submit reviews and ratings on the Service; (c) you are not in any way related (by blood, adoption or marriage) to any party involved in the production, financing, or distribution of the TV shows for which you submit reviews or ratings on the Service; (d) you have not received any form of compensation to post reviews and ratings on the Service; (e) the reviews and ratings that you provide on the Service do not reflect the views of Cooler or its officers, managers, owners, employees, agents, designees or users. You agree that Cooler may establish general practices, policies and limits, which may or may not be published, concerning the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be submitted by you, and the length of reviews and ratings submitted.
c. Ownership. By providing User Content to us or posting it on the Service, you represent and warrant that you own such User Content or otherwise have the right to grant us the license set forth in Section 3(d), that the User Content is accurate and not confidential and the submission, transmission, posting and use of your User Content on the Service is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights). Your ownership of your User Content does not confer on you any rights of access to the Service nor any rights to the User Content stored by or on behalf of Cooler.
d. License. By providing your User Content to Cooler or otherwise submitting, transmitting, or displaying your User Content on or through the Service, you automatically grant (and you represent and warrant that you have the right to grant) to Cooler, and Cooler’s licensees, and their respective successors in business and assigns, officers, directors, employees, licensees, agents, representatives and other users of the Service, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Service in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice (“License”). This License will enable each user of the Service to access your User Content as permitted through the functionality of the Service and under this Terms of Service. This License includes the right to filter, modify or adapt your User Content in order to transmit, display or distribute it over computer networks and to allow third parties to access your User Content through the Service, as provided in this Terms of Service. By way of further explanation, Cooler would not be able to perform many of the Services we offer without your granting to Cooler these rights. As noted above, this License is non-exclusive (so you can license your User Content to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your User Content) and sublicenseable through multiple tiers (so that we can use our service providers or others to provide our Service).
e. Storage, Disclosure, and Transmission. You acknowledge and agree that Cooler may store your User Content and may also disclose your User Content if required to do so by law or in the good faith belief that such storage or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this Terms of Service; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Cooler, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. For example, you may elect to have your User Content posted on Facebook, Twitter, and other social media networks. It is also possible for an outside website or a third party to re-post your User Content. You agree to hold Cooler harmless for any dispute concerning such use. We reserve the right to withhold, remove and or discard any content stored by the Service, including any User Content that you or other users post on the Service, your usage history on the Service, registration information, login information or any other information, with or without notice, for any reason in our sole discretion. For avoidance of doubt, Cooler has no obligation to store, maintain or provide you a copy of any User Content that you or other users post on the Service, your usage history on the Service, registration information, login information or any other information. You acknowledge that, notwithstanding any copyright or other rights you may have with respect to User Content, and notwithstanding any value attributed to such User Content or other data by you or any third party, Cooler DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE USER CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON ITS SERVERS.
Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of any User Content you post, and your conduct, on the Service. The following are examples of the kind of User Content and items that are illegal or prohibited to be posted on or through the Service. Cooler reserves the right to investigate and take appropriate legal action against anyone who, in Cooler’ sole discretion, violates any of these provisions, including, without limitation, removing the offending User Content or items from the Service, suspending or terminating the account of such violators, and reporting violators to the law enforcement authorities.
a. User Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information you provide to Cooler about the Service (“Submissions”) are non-confidential and Cooler will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
b. Cooler Content. The Service contains information, files, images, photos, video, sounds, musical works, works of authorship, and other materials created by or on behalf of Cooler and published by Cooler in connection with the Service (collectively, “Cooler Content”). Cooler solely owns all rights, title, and interest in and to the Cooler Content, including but not limited to graphics, design, compilation, computer code, products, Application, visual interfaces, interactive features, and all other elements and components of the Service. Cooler Content is protected by copyright, trademark, patent, trade secret and other laws, and Cooler owns or licenses and retains all rights in the Cooler Content and the Service. Cooler hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Cooler Content (excluding any software code) solely for your personal non-commercial use in connection with using the Service in accordance with this Terms of Service. You agree not to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, frame, scrape, rent, lease, loan, sell, or create derivative works based on any content posted on the Service by any other users, the Cooler Content, or the Service. Any use of the Service or the Cooler Content other than as specifically authorized herein is strictly prohibited. You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Application). Any rights not expressly granted herein are reserved by Cooler.
c. Limitations on Use of Service. The Service and any portion thereof, including any Cooler Content contained therein, are intended for your personal, noncommercial use in accordance with this Terms of Service. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Cooler Content or Service, in any medium, without our prior written consent, or (ii) alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose. You will not use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute Cooler Content available on the Service or to manipulate the Service in any manner not consistent with its intended purpose(s). Illegal and/or unauthorized use of the Service, including collecting names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service is prohibited. Appropriate legal action may be taken for any illegal or unauthorized use of the Service.
d. Trademarks. Certain graphics, logos, page headers, button icons, scripts, and service names located on the Service are trademarks, registered trademarks, or trade dress of Cooler (collectively the "Cooler Trademarks"). Cooler’s trademarks and trade dress may not be used in connection with any non-Cooler product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cooler. All other trademarks not owned by Cooler that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cooler. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Cooler Trademarks or third-party trademarks or service marks displayed on the Service, without our prior written permission. All goodwill generated from the use of Cooler Trademarks will inure to Cooler’ exclusive benefit.
a. General. Cooler respects the legal rights of others, and we ask that our users do the same. Cooler has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (“DMCA”) and avails itself of the protections under the DMCA. It is the policy of Cooler to terminate the right of a user to use the Service if such user repeatedly infringes the copyright rights of others upon receipt of prompt notification to Cooler by the copyright owner or the copyright owner’s legal agent.
b. Infringement Notice. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, to comply with the DMCA, you must provide Cooler’ designated copyright agent set forth below with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please note that this procedure is exclusively for notifying Cooler that your copyrighted material has been infringed.
c. Counter-Notice. We may provide a user with notice that we have removed or disabled access to certain content by means of a general notice on the Site, electronic mail to the user’s e-mail address in our records, or by written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to Cooler’ designated copyright agent set forth below that includes the information below. To be effective under the DMCA, the counter-notification must be a written communication that includes the following: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (d) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Cooler may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
d. Copyright Agent. Cooler’ copyright agent for notice of claims of copyright infringement can be contacted as follows:
Cooler Technologies, Inc.
Attn: Copyright Agent
583 Grand Boulevard
Venice, CA 90291
COOLER, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND AFFILIATES (COLLECTIVELY, “AFFILIATES”) ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, WHETHER CAUSED BY USERS OF THE SERVICE, OUR ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE SERVICE.
COOLER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE. UNDER NO CIRCUMSTANCES WILL COOLER AND ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST DATA, LOST INFORMATION, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. COOLER AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS ON THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. COOLER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE SERVICE OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE SERVICE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICE.
THE SITE, THE SERVICE, AND THE ITEMS SOLD THROUGH THE SERVICE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, COOLER EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE OR ANY PORTION THEREOF IS AT YOUR SOLE RISK (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER OR OTHER DEVICE YOU EXPERIENCE FROM USING THE SERVICE) AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. COOLER DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM YOUR USE OF THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY OF PART OF THE SERVICE OR WITH THE TERMS OF THIS TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE.
THE SERVICE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY COOLER. COOLER HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE COOLER FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. COOLER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. COOLER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. COOLER MAY IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, OR REMOVE CONTENT ON THE SERVICE. YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, INFRINGING, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST COOLER FOR SUCH EXPOSURE.
IN NO EVENT WILL COOLER AND ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF COOLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COOLER’ LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to indemnify and hold Cooler, its parents, subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or relating to (a) your use of or access to the Service, (b) your breach of this Terms of Service or your violation of applicable law, (c) any User Content that you post on, or otherwise submit to, the Service, (d) your acts and omissions, or (e) your violation of the rights of any third party. Cooler reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Cooler and you agree to (i) cooperate with our defense of these claims and (ii) not to settle any matter without Cooler’ prior written consent. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Cooler or any of its suppliers, affiliates, partners, subsidiaries and employees.
a. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Delaware without application of conflict of laws rules, except that the Arbitration provision will be governed by the Federal Arbitration Act.
b. Resolution of any Dispute. In the event a dispute arises between you and Cooler, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer care department or e-mailing us at email@example.com. If, however, there is an issue that needs to be resolved, the following subsections describe how both of us will proceed.
c. Timing of Dispute. Any claim you may have with respect to the Service, or the content accessed through the Service, must be commenced within two (2) years after the claim arises or it will be barred.
d. Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND COOLER EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and Cooler agree that any dispute, controversy or claim arising out of arising out of or relating to any aspect of our relationship, the content accessible from the Service, claims that may arise after the termination of your use of the Service, and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls (“Claim(s)”) that cannot be settled through the customer service department will be resolved by a single arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Terms of Service, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Los Angeles County, California.
e. Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under this Terms of Service will be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“Class Action Waiver”).
g. Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore will be governed by the United States Federal Arbitration Act, 9 U.S.C. Â§ 1 et seq (“FAA”). The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
h. Exception. All parties, including related third parties, will retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, will be resolved by binding arbitration, with the exception of any claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which claims or actions will not be subject to arbitration. Any appeal of a judgment from a small claims tribunal will be resolved by binding arbitration.
i. Survival. This arbitration provision will survive termination of this Agreement.
j. Severability. If the application of any provision of this Terms of Service to any particular facts or circumstances will be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (i) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Terms of Service will not in any way be affected or impaired thereby and (ii) such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable; provided, however, that if, for some reason, the Class Action Waiver cannot be enforced, then the parties’ agreement to arbitrate under this Section 10 will not apply.
Cooler may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to users via email, text message, written or hard copy notice, or through conspicuous posting of such notice on the Service, as determined by Cooler in its sole discretion. Cooler reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Terms of Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If Cooler permits or makes available to you the ability to: (a) upload User Content to the Service via your mobile telephone and/or tablet (‘mobile device”), (b) receive and reply to messages or access or make posts using text messaging, (c) browse the Service from your mobile device or (d) access features through a mobile application you have downloaded and installed on your mobile device (collectively “Mobile Services”), your mobile carrier’s standard data, Internet, messaging and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Cooler does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including but not limited to any roaming charges.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
These Terms of Service constitute the entire agreement between you and Cooler and govern your use of the Service, superseding any prior agreements between you and Cooler with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. The failure of Cooler to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. This Terms of Service does not create third party beneficiary rights enforceable by any third party. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us at firstname.lastname@example.org to report any violations of this Terms of Service or to ask any questions you have regarding this Terms of Service.