Terms of service
Welcome to Cool Nest Cool! These Terms of Service ("Terms") govern your use of the coolnestcool.myshopify.com website (the "Site") and any related services provided by Cool Nest Cool ("we," "us," or "our"). By accessing or using our Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Site.
1. Use of Our Site
Eligibility
By using our Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you may only use our Site with the involvement of a parent or guardian.
User Account
To access certain features of our Site, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Prohibited Conduct
You agree not to:
- Use our Site for any unlawful purpose.
- Violate any applicable federal, state, local, or international law or regulation.
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Site.
- Impersonate or attempt to impersonate Cool Nest Cool, a Cool Nest Cool employee, another user, or any other person or entity.
- Use any robot, spider, or other automatic device, process, or means to access our Site for any purpose, including monitoring or copying any of the material on our Site.
2. Products and Services
Product Descriptions
We strive to provide accurate descriptions of our products and services. However, we do not warrant that the descriptions are complete, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Pricing
All prices are listed in US dollars and are subject to change without notice. We reserve the right to modify prices, including for products already in your shopping cart, without prior notice. If we discover a pricing error, we will notify you and give you the option to confirm your order at the correct price or cancel it.
Orders
By placing an order through our Site, you represent and warrant that you have the legal right to use any payment method(s) provided. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including availability, errors in pricing or product descriptions, or suspected fraud.
Shipping and Returns
Shipping and return policies are available on our Site and are hereby incorporated into these Terms. Please review these policies before making a purchase.
3. Intellectual Property
Ownership
All content on our Site, including text, graphics, logos, images, audio clips, and software, is the property of Cool Nest Cool or its content suppliers and is protected by US and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site for your personal, non-commercial use. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as permitted by these Terms.
4. Disclaimers and Limitation of Liability
Disclaimer of Warranties
Our Site and all content, products, and services included on or otherwise made available to you through our Site are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
In no event shall Cool Nest Cool, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use our Site; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our Site; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages.
5. Indemnification
You agree to indemnify, defend, and hold harmless Cool Nest Cool, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Site, including, but not limited to, your User Contributions, any use of our Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from our Site.
6. Governing Law and Dispute Resolution
These Terms and your use of our Site shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or your use of our Site shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration will take place in Lavallette, New Jersey.
7. Termination
We reserve the right, without notice and in our sole discretion, to terminate your account or your use of our Site and to block or prevent future access to and use of our Site if you violate any of these Terms. Upon any such termination, your right to use our Site will immediately cease.
8. Miscellaneous
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cool Nest Cool with respect to your use of our Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Waiver
No waiver of by Cool Nest Cool of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cool Nest Cool to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact Information
If you have any questions about these Terms, please contact us at:
Cool Nest Cool
2102 Oceanfront,
Lavallette, NJ 08735, USA
Email: contact@coolnestcool.com
Phone: +1-888-859-2255