Cool Corp owns and operates the website www.coolcorp.com and its related sites. Your use of the Site constitutes your acceptance of these Terms of Use. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.
Use of the Site
All materials on this Site, including all images, text, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the “Content”), are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this Site without first obtaining written permission from Cool Corp.
Cool Corp may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Coolcorp.com also reserves the right to block or deny access to the Site to anyone at any time for any reason.
Comments and Feedback
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Cool Corp on or by the Site or otherwise disclosed, submitted or offered to Cool Corp (collectively, “Comments”) shall be and remain Cool Corp ‘s property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Cool Corp of all worldwide rights, titles and interests in all copyrights and other intellectual property in the Comments. Cool Corp is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments. You agree that no Comments submitted by you to Cool Corp will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
Prohibited Uses
Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. Violations of system or network security may result in civil or criminal liability. Cool Corp will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Privacy and Your Information
We collect personal information about you. We gather some information through our relationship with you, such as your phone number. You can find out how we use, share and protect the information we collect about you in our Privacy Policy which is incorporated into these Terms of Use. By entering into this agreement you agree to the use of your information in accordance with our Privacy Policy, including, among other things, Collected Information and How We Use Your Information; Cookies Technology; Security. We provide you with choices to limit, in certain circumstances, our use of the data we have about you.
Disclaimer of Warranty
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER COOL CORP NOR ITS AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE COOLCORP.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER COOL CORP, NOR ITS ASSOCIATES, WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE COOLCORP.COM SITE. FURTHER, COOL CORP MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE COOLCORP.COM SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF JAMAICA. COOL CORP AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COOL CORP OR ITS ASSOCIATES SHALL CREATE A WARRANTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COOL CORP OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COOL CORP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE COOLCORP.COM SITE.
Disputes
We hope to make you a happy and satisfied user, but if there’s a dispute that needs to be resolved, this section outlines what’s expected of both of us.
- You Agree to Provide Cool Corp an Opportunity Informally to Resolve Your Dispute.Before you may pursue or participate in any dispute (or raise such dispute as a defense) in court or arbitration against Cool Corp or its Associates for any claims, including claims related in any way to Cool Corp products, these Terms of Use, billing, privacy, advertising, or Cool Corp or its Associates’ communications with you, you must first send a written description of your claim to. Your written notice must describe the problem in reasonable detail, and identify or enclose all relevant documents and information. You and Cool Corp agree to negotiate in good faith with each other to try to resolve your claim. If you and Cool Corp do not reach a resolution of your dispute within sixty (60) days after Cool Corp receives your written notice of claim, you may pursue your claim in arbitration or, solely to the extent specifically provided below, in court.
- Arbitration.You and Cool Corp agree to arbitrate all disputes between the parties, except as provided in this subsection (b). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the claim arises or may arise before or after the term. For purposes of this arbitration provision, references to “Cool Corp,” “you,” and “us” includes our Associates.
Indemnification
You agree to defend, indemnify, and hold Cool Corp and its Associates, and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, your violation of these Terms of Use or your posting or transmission of any materials on or through the Site.
No Waiver
If we don’t enforce our rights under this agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance.
Customer Appreciation
At Cool Corp we strive to provide great products and service to all of our customers. Thank you for considering us. Our goal is to deliver exceptional experiences that bring people together. Guaranteed.