CoolMk:General disclaimer
From CoolMk
Privacy policy
Legal Notice
USE OF THIS WEBSITE
This website is owned by CoolMk™, and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
PRIVACY
Our privacy practices are explained in our Privacy Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by CoolMk™ in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.
OTHER POLICIES AND AGREEMENTS
When you purchase products from CoolMk™, your purchase is subject to separate Terms and Conditions of Sale applicable to the website.
PRODUCT INFORMATION
THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY CoolMk™ARE AVAILABLE ONLY AT 2506 1/2 N Clark st. Chicago ,IL 60614 However, CoolMk™ does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.
PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN U.S. DOLLARS.
THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
EXCLUSION OF WARRANTIES
CoolMk™ ,Inc makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. CoolMk™ does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CoolMk™AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.
LIMITATION OF LIABILITY CoolMk™ WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal, state or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.
COPYRIGHTS AND TRADEMARKS Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by CoolMk™, and CoolMk™ does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of CoolMk™. Trademarks, logos and service marks (collectively, "Marks") displayed on this website are registered or unregistered Marks of CoolMk™ or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, CoolMk™ authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of CoolMk™ and its affiliates without express written consent of CoolMk™. You may not use any meta tags or any other "hidden text" utilizing CoolMk™'s name or trademarks without the express written consent of CoolMk™. Any unauthorized use of this site and/or its contents terminates the permission or license granted by CoolMk™.
CONFIDENTIALITY OF THE INFORMATION TRANSMITTED You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to CoolMk™'s privacy policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to CoolMk™ by accessing or using this website does not infringe the rights of any other person or entity. You consent to CoolMk™ using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of CoolMk™ or the disclosure of your identity, in accordance with the CoolMk™ Privacy Policy (see Section 2 above).
ELECTRONIC COMMUNICATIONS When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. 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.
SURVEILLANCE CoolMk™ may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, CoolMk™ makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if CoolMk™ ever decides to do it.
DAMAGE TO OTHERS
You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
RESERVE OF RIGHTS All rights not expressly granted in these terms are reserved to CoolMk™. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of CoolMk™ or any other person or entity.
GOVERNING LAW This site is controlled and operated by CoolMk™ from Chicago ,IL USA and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the state Illinois and the laws of USA applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
DISPUTE RESOLUTION; INJUNCTIVE RELIEF
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
Binding Arbitration Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including the National Arbitration Forum's Code of Procedure discussed below) (hereinafter collectively referred to as "Claims" and each, individually, as a "Claim") shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect (which you may obtain at www.arbitration-forum.com or by mail at P.O. Box 50191, Minneapolis, MN 55405), which Code of Procedure, as in effect or replaced from time to time, is incorporated into and forms an integral part of these terms.
However, before you submit a Claim for arbitration, you must first contact our customer service representatives at 1-888-818-2536, and give us an opportunity to resolve the dispute. Similarly, before CoolMk™ takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or CoolMk™ is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in the National Arbitration Forum's Code of Procedure.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THESE TERMS SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND CoolMk™ BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.
Injunctive Relief and Provisional Relief Notwithstanding the provisions in this Section 17, the National Arbitration Forum's Code of Procedure or any other provision of these terms, CoolMk™ shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
CHANGES TO TERMS / SEVERABILITY CoolMk™ may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
JURISDICTION This website is controlled and operated by CoolMk™ from Illinois USA. CoolMk™ makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
COOKIES We may use "cookies" to track your preferences and activities on the CoolMk™ website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the site.
NO WAIVER The failure of CoolMk™ to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of CoolMk™ to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
ENTIRE AGREEMENT These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and CoolMk™ with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by CoolMk™ making such amendments or modifications available to it pursuant to the terms hereof.
TERMINATION CoolMk™ reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
HEADINGS The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
ENGLISH LANGUAGE You expressly agree that these terms and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que ces conditions d’utilisation et tous les documents y afférents soient rédigés en anglais seulement.
The terms “you” and “your” refer to the purchaser of Products using the website.
PLEASE READ THIS AGREEMENT CAREFULLY! BY USING THIS WEBSITE TO MAKE ON-LINE PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS AGREEMENT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE, FOUND IN SECTION .
AS FURTHER DISCUSSED OF THIS AGREEMENT, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, CoolMk™ DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCTS YOU MAY PURCHASE FROM THIS WEBSITE AND CoolMk™'S LIABILITY IS LIMITED AS PROVIDED IN THAT SECTION.
CONSENT TO USE OF ELECTRONIC DOCUMENTS You hereby consent to the exchange of information and documents between you and CoolMk™ over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by CoolMk™ as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us. You further 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.
OTHER DOCUMENTS, AGREEMENTS AND POLICIES Your use of this website is governed by separate Website Terms and by our Privacy Policy (the “Other Policies”). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of this Agreement (and, in particular, the dispute resolution provision in this Agreement) shall supersede and take precedence over the provisions of the Other Policies. In the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of this website.
OWNERSHIP; RISK OF LOSS All Product(s) purchased from CoolMk™ are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by CoolMk™ of the Product(s) to the third party delivery company.
DISPUTE RESOLUTION; INJUNCTIVE RELIEF IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
Binding Arbitration Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present Agreement (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding its negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including the National Arbitration Forum's Code of Procedure discussed below) (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect (which you may obtain at www.arbitration-forum.com or by mail at P.O. Box 50191, Minneapolis, MN 55405), which Code of Procedure, as in effect or replaced from time to time, is incorporated into and forms an integral part of this Agreement.
However, before you submit a Claim for arbitration, you must first contact our customer service representatives at 1-888-818-2536, and give us an opportunity to resolve the dispute. Similarly, before CoolMk™ takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or CoolMk™ is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in Schedule «A» below.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to this Agreement including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in this Agreement or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THIS AGREEMENT SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND CoolMk™ BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
Injunctive Relief and Provisional Relief Notwithstanding the provisions , the National Arbitration Forum's Code of Procedure or any other provision of this Agreement, CoolMk™ shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
EXPORT LAWS Products sold or delivered under this Agreement shall be subject to export control laws and regulations of USA. You agree to comply at all times with all such laws and regulations. You will defend and hold CoolMk™ harmless against all claims, damages or liability resulting from breach of the foregoing.
HEADINGS
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
NO ASSIGNMENT You may not assign your rights or obligations under this Agreement without the express written consent of CoolMkg™.
ENUREMENT This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
SEVERABILITY The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and CoolMk™ relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by CoolMk™ making such amendments or modifications available to it pursuant to this Agreement.
NO WAIVER
The failure of CoolMk™ to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of CoolMk™ to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
