Terms & Condition
Terms and Conditions (Updated 8.25.16)
Cool Ones Society (USA), Inc (hereinafter, the “Seller” “Cool Approved,” “Cool Approved Store”, “we”, “us”, or “our”) welcomes the Applicant (hereinafter, the “Buyer(s)” to www.coolapproved.store. By submitting this Account Application to Cool Ones Society Inc, the Buyers consent to the following Terms and Conditions, which will govern the parties’ future relationship and any orders submitted by Buyers to Seller.
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through our Site is agreeing to the terms of this Agreement and any other posted terms and conditions that relate to such product or service.
Description & Use Of Our Websites:
We provide Visitors and Registered Users with access to the Site as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Platform. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Platform; and (ii) e-mail us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through the Site; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Site; (iv) post comments and other content on the Site (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of Cool Approved community.
Visiting www.coolapproved.store or sending emails to Cool Approved Store constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email and on the Site, satisfy any legal requirement that such communications be in writing.
Cool Approved’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Site, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
- You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
-- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
-- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
-- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not access or use the Platform to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site;
- You will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Site, or any portion of the Site without notice, and to remove any content that does not adhere to these Community Guidelines.
The Site is only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Sign-In Name; Password; Unique Identifiers:
If you are a Registered User and do not log into the Site using a third-party login provider (e.g., Facebook), you will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. BaubleBar will not be liable for any loss or damage caused by any unauthorized use of your account.
Fees and Payments:
As consideration for any purchase you make on the Site, you shall pay Cool Approved Store all applicable fees and taxes (If applicable). We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes and you hereby consent the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Cool Approved Store to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Our policies regarding shipping, returns, and international orders can be found on the Site and are hereby incorporated by reference.
Notice of Defects/Returns:
Buyer must notify Seller in writing of all claims for damages resulting from late delivery or any other defect that are known to Buyer at the time Buyer accepts the merchandise. Buyer must make any claims of defects, including but not limited to those related to shortages, quality, identity, or specification, within the first 7 days after the receipt of merchandise. Any such claims must be made in writing via e-mail to email@example.com; correspondence that is not made in this fashion shall be null and without effect. Buyer agrees that such 7 day period is a “reasonable” period of time to make such claims, and further agrees to inspect all merchandise within that time. Any rights to reject or return merchandise expires after this 7 day period, and Buyer accepts the risk that it may fail to uncover defects or nonconformities during that period. Following acceptance of such merchandise, and in any event no later than expiration of the 7 day period, Buyer shall be deemed to waive any claim for damages resulting from any defect Buyer is aware of, including late delivery.
Except as otherwise stated herein, merchandise may be returned within 7 days of receipt of the merchandise, and are subject to a 20% restocking fee, with a $5.00 minimum charge. A written authorization from Seller must be obtained by Buyer for any returned merchandise. In the event of a return, Buyer hereby (1) authorizes Seller to sell such garments and other goods, and (2) agrees to indemnify Seller and hold Seller harmless from any and all liability, costs, damages, or expenses (including reasonable attorneys’ fees) relating to or arising from the sale, use, non-use, and/or distribution of such goods. Except as otherwise stated herein, merchandise that has been modified (in whatever form) may not be returned.
Acceptance of Goods with Known Defects Waives Claims for Damages:
Buyer must notify Seller in writing of all claims for damages resulting from late delivery or any other defect that are known to Buyer at the time Buyer accepts the merchandise. Buyer hereby waives any claim for damages resulting from any defect Buyer is aware of, including late delivery, at the time Buyer accepts the merchandise.
The Site contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Cool Approved Store (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Cool Approved Store (the “Cool Approved Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Cool Approved Store. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Cool Approved Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Cool Approved Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Communications With Us:
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
No Warranties; Limitation of Liability:
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SITE AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (IV) OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE APPLICABLE ORDER OR MATTER GIVING RISE TO THE CLAIM.
IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.
THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SITE. THE SITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AT ANY TIME WITHOUT NOTICE.
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Content or the Platform. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Compliance with Applicable Laws:
The Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination of the Agreement:
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
In the event of a dispute arising under or relating to this Agreement, the Content, or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”) and California Code of Civil Procedure. Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in Los Angeles, California may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Los Angeles, California. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Class Action Waiver:
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
The parties agree that any transaction(s) governed by these terms and conditions shall be governed by the laws of the State of California, without regard to any applicable choice of law rules, standards, or norms. By agreeing to transact with Seller, Buyer hereby consent to jurisdiction in Los Angeles County, California.
NO EXPRESS WARRANTIES: BUYER ACKNOWLEDGES THAT SELLER HAS MADE NO EXPRESS WARRANTIES.
EXCLUSION OF IMPLIED WARRANTIES: NOTWITHSTANDING ANY OTHER STATEMENTS, AGREEMENTS, OR UNDERSTANDINGS INVOLVING BUYER AND SELLER OR ANY OF ITS RESPECTIVE EMPLOYEES OR AGENTS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SELLER SHALL NOT HAVE OR INCUR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. ALL OTHER WARRANTIES IMPLIED ARE EXCLUDED FROM ANY TRANSACTION BETWEEN BUYER AND SELLER AND SHALL NOT APPLY TO THE GOODS SOLD BY SELLER. SELLER SHALL ALSO NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. NONE OF SELLER’S AGENTS, EMPLOYEES, PROFESSIONALS, OR OTHER REPRESENTATIVES HAVE OR SHOULD BE CONSIDERED TO HAVE AUTHORITY TO ALTER THE TERMS OF THIS PROVISION.
No Responsibility: waives claim for damages.
Buyer acknowledges that Seller has no responsibility for any work performed by any vendor referred by Buyer and hereby waives any right to assert any claim against Seller for work performed by any other firm, including but not limited to claims for negligent referral, agency, or respondeat superior.
Seller’s agreement to provide a Buyer with goods or services prior to payment is purely at Seller’s discretion, and may be altered, conditioned, or revoked at any time, and without notice.
Integration and Amendments:
These Terms and Conditions contain the complete and entire agreement between and among the parties as to the subject matter hereof, and replace and supersede any prior or contemporaneous communications, representations or agreements.
These Terms and Conditions will not be modified, supplemented, qualified or interpreted by any trade usage or prior course of dealing not made a part of the Terms and Conditions by its express terms. Terms on Buyer’s purchase orders or other forms will not modify or override the terms of these Terms and Conditions. All amendments to these Terms and Conditions must be in writing and manually signed by Seller and Buyer. The failure to refer to this Terms and Conditions in a related invoice, purchase order, or quotations exchanged by or between the parties, for example, will not affect the governance of these Terms and Conditions.
This Agreement is made solely with the Buyer. The parties agree that the terms and conditions of this Agreement, and the purpose thereof, are for personal services; Seller’s agreement to transact with Buyer is based entirely on the Buyer’s qualifications, characteristics, needs, and circumstances. As such, this Agreement may not be assigned to any third party without the express written consent of Seller, which consent may be withheld for any reason in Seller’s sole discretion.
In the event that any one or more of the provisions of these Terms and Conditions are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms and Conditions. Instead, these Terms and Conditions shall be interpreted and enforced as if the offending provision were not contained herein.
Agreement and Acknowledgment:
Buyer(s) has or have carefully read and agree to the terms set forth above. By submitting this Application, each Buyer agrees to be bound by these Terms and Conditions, as if the same were signed by each party.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2016 Cool Ones Society Inc. All rights reserved.