PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

THE COOL HOUR (“us,” “we,” “our,” or “Company”) has created the following Terms and Conditions of Use (“Terms & Conditions”) for when you visit our Website: www.thecoolhour.com (the “Website”). We incorporate herein and refer to our Privacy Policy on our Website for information about the types of information we collect, how we use it, how you can control the use and disclosure of it, and how you may access and update information about you provided to us.

I. GENERAL CONDITIONS

Please read these Terms and Conditions carefully before accessing or using the Website or the features contained within the Website. By visiting, using, or registering your email address with the Website, you (“your”, “customer”, or “user”) agree to be bound by the following Terms and Conditions and our Privacy Policy. The Terms and Conditions constitute a legally binding agreement between you and The Cool Hour. The Terms and Conditions govern any and all use of the Website and/or related social media sites and pages (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with The Cool Hour (the website, apps, products, services, and social media pages, collectively, the “Services”) are subject to the terms and conditions stated herein. If you do not agree to all of the Terms and Conditions, then you must not use the Website or any services offered or accessed through the Website. If you violate the Terms and Conditions, we reserve the right to deny you access to the Website, together with any and all other legal remedies.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

The Cool Hour reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms and Conditions may jeopardize your continued use of the Services and may result in the cancellation of your orders, among other consequences.

THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ORDER OR ATTEMPTED ORDER WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ORDER, TO REFUSE TO ACCEPT ANY RETURNS OR OFFER REFUNDS, AND/OR TO CHARGE RESTOCKING FEES.

BY USING THE SERVICES, YOU AGREE TO ARBITRATE DISPUTES AGAINST The Cool Hour IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH THE “Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law” SECTION BELOW AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

II. NON-EXCLUSIVE, NON-TRASNFERABLE LICENSE

License for Personal Use

Subject to these Terms and Conditions, you are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, functionality, software, information, data, products, and materials contained, described, referenced, or available on the Services (collectively, “Materials”) for your personal and non-commercial purposes. Neither title nor intellectual property rights are transferred to you, but remain with The Cool Hour, who, along with its licensors, is the exclusive owner of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to The Cool Hour.

In connection with this license, you may not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein. Linking to other content within the Services is prohibited without The Cool Hour’s prior express written consent. This limited license expressly prohibits the framing of The Cool Hour content in any way or any other activity that may confuse, misdirect, or misrepresent with respect to sponsorship or affiliation.

Your Account

If you create an account on the Services, you are responsible for maintaining the confidentiality of your account information and password, and for protecting and restricting access to such information. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity. The Cool Hour reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict access to all or part of the Services for any reason, including, without limitation, for extended periods of inactivity. Your account, and any personal information provided by you is subject to the terms of our Privacy Policy.

Submissions

While The Cool Hour appreciates your comments and is happy to answer your questions about our products, our services, and our company, we generally do not accept ideas, know-how, inventions or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and The Cool Hour.

Please note that any Submissions, remarks, graphics, or other information provided by you by any means, including through the Services, email, a “Contact Us” form, any chat functionality on the Services, or otherwise, is and will be non-confidential and non-proprietary, except to the extent that such contains or constitutes personal information, which is subject to the guidelines established in our Privacy Policy.

III. COPYRIGHTS AND TRADEMARK
All content on the Website, including but not limited to artwork, logos, product and service names, designs, slogans, text, software, images, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either copyrighted by us or are the proprietary property of us, our affiliates, or licensors. We reserve any and all rights to the Material. The Material may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or part without our prior written permission except you may download and print Material for uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Material on the Internet, or any Intranet or Extranet site, or to incorporate the Material in any data base or other compilation. Any other use of the Material is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from the Website, including but not limited to customer identities.

All trademarks on the Website are trademarks or registered trademarks of us, our affiliates, or licensors and may not be copied, imitated, or used in whole or in party without the prior written permission of us, or their registered users. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in party without prior written permission of us.

We do not claim ownership of all of the images on the Website. The use of other names, brands, and marks ae used for identification purposes only and are the trademarks of their respective owners. We always try to link to the brand in question.

DMCA Notice and Procedure

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA).

The Cool Hour will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. The Cool Hour may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. The Cool Hour’s privacy policy does not protect information provided in these notices. NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING AUTH0 THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND DATA PROTECTION OR PRIVACY REQUIREMENTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Notification

If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated agent at the email address below:

E-mail: a [email protected],

If your concern is with content you posted to any auth0.com webpage, please note that by submitting, posting, or displaying your content on our site, you grant The Cool Hour and its end users a worldwide, royalty-free, non-exclusive license as specified in these Terms and Conditions.

If your content has not been posted to any The Cool Hour site previous, your notification must include the following information:
1. A description of the copyrighted work you claim to have been infringed. If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner;
2. A description of where the material that you claim is infringing is located on our Website;
3. Information reasonably sufficient to permit The Cool Hour to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
4. A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Upon receipt of the written Notification containing the information as outlined in 1 through 5 above:
1. The Cool Hour shall remove or disable access to the material that is alleged to be infringing;
2. The Cool Hour shall forward the written notification to such alleged infringer;
3. The Cool Hour shall take reasonable steps to promptly notify the claimant that it has removed or disabled access to the material.

Counter Notification
To be effective, a Counter Notification must be a written communication provided to the Company’s Designated Agent that includes substantially the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
2. 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;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. The claimant’s name, address, and telephone number, and a statement that the claimant consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the claimant’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
1. The Cool Hour will promptly provide you, the complaining party, with a copy of the Counter Notification;
2. The Cool Hour will inform you that it will replace the removed material or cease disabling access to it within ten (10) business days;
3. The Cool Hour will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided the Company’s Designated Agent has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on the Company’s network or system.

Account Termination

The Cool Hour may, in appropriate circumstances, terminate an account holder or subscriber to the Site if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact the Company’s DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

IV. CHILDREN’S INFORMATION
This site is not intended for minors. You agree that you are not under thirteen (13) years of age. The Website is intended for users over the age of eighteen (18) and we do not intend to collect information from anyone under the age of thirteen (13).

V. PERSONAL INFORMATION, PRIVACY, AND COOKIES
We incorporate herein and refer to our Privacy Policy on our Website for information about the types of information we collect, how we use it, how you can control the use and disclosure of it, and how you may access and update information about you provided to us. You understand that your Information may be transferred over various networks and changes to confirm and adapt to technical requirements of connecting networks or devices. The information we receive about you is governed by our Privacy Policy, which is available at: https://www.thecoolhour.com/privacy-policy/

VI. LINKS TO OTHER WEBSITE
The Website includes links to other websites, including other social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites. Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.

VII. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Websites or its Services or Content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website (or related website, other websites, or the Internet) or Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website (or related website, other websites or the Internet) and/or Services.

VIII. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

A. Errors, Inaccuracies, & Omissions

The Website may contain typographical errors, inaccuracies, or omissions that may relate to products, offerings, programs, labels, prices, and materials. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Service or on any related Websites is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, form, etc.).

We do not take on any obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing, dates, availability, location, products, services, except as required by law.
No specified update or refresh data applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

B. Links to the Websites

You may not create a link to any page of the Websites without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.

C. Links from the Websites

We do not monitor or review the content of other party’s websites that are linked to the Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our Websites and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

IX. WARRANTY DISCLAIMER & LIMITATIONS OF LIABILITY
The information on the Website is provided on an “as is” basis without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of the website, or the services, will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the website and services for indefinite periods of time or cancel them at anytime without notice to you. To the fullest extent permitted by law, the company excludes all representations and warranties relating to this website and its contents and services for which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the company’s literature.

In no case shall the company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, damage caused to your computer, computer software, systems and programs and the data thereon, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise arising from your use of the Websites or services or in any way related to the Websites and services, including but not limited to any errors or omissions in any of the use of the service or any content or product posted, transmitted, or otherwise made available. In any event, the aggregate liability of the company and our service providers under these Terms and Conditions shall not exceed five hundred dollars ($500).

This company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

X. GOVERNING LAW
The Terms and Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of California, without reference to any conflict of laws rules.
The Website is hosted in the United States. If you access the Website from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the Websites or Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

XI. DISPUTES
You acknowledge and agree that the terms contained in this Terms and Conditions are reasonable and necessary, and that your actual or threatened breach of this Terms and Conditions would give rise to irreparable harm to The COOL HOUR for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle The COOL HOUR to immediate injunctive and other equitable relief without any requirement to post bond.

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. The COOL HOUR makes no representation that Materials provided through the Services are applicable or appropriate for use in all locations. If you use the Services from other locations you are responsible for compliance with applicable local laws. If you take legal action relating to these Terms and Conditions or your interactions with or relationship to The COOL HOUR that is not subject to arbitration as provided below, you agree to file such action only in the state and federal courts located in Los Angeles County, California and waive any objection you may have to the venue or forum.

Any controversy or claim between you and The COOL HOUR arising out of or relating to these Terms and Conditions, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Terms and Conditions, will be resolved by binding arbitration in Los Angeles County, California under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms and Conditions. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, The COOL HOUR and you shall each select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by The COOL HOUR and you are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA.

Neither you nor The COOL HOUR will participate in a class action or class-wide arbitration for any claims covered by these Terms and Conditions. Any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.

If any part of these Terms and Conditions is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

XII. SEVERABILITY
To the extent that any provision of these Terms and Conditions is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

XIII. TERMINATION
These Terms and Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to the Website and Services.

XIV. INDEMNIFICATION
To the fullest extent permitted by law, and except to the extent arising from our negligence, recklessness, gross negligence, or intentional misconduct, you agree to indemnify, defend, and hold harmless the Company, and our parent, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third-party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.

XV. NO THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to the Terms and Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms and Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.

XVI. CHANGES TO THESE TERMS & CONDITIONS

We reserve the right to change, modify, or amend these Terms and Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms and Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms and Conditions for any changes.
These Terms and Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.

XVII. QUESTIONS

If you have any questions about these Terms & Conditions, please send us an email at [email protected]

Last Updated on: 1/28/22

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