Please read this document carefully. Set forth below are the legal terms and conditions under which CoolTool Inc. (“CoolTool”, “we,” “our” or “us”) makes the internet website at https://cooltool.com (the “Site”) and the services available through the Site or otherwise provided by CoolTool (the “Services”) available to each person or entity (each a “User”) accessing or using the Site or the Services.
Each User hereby warrants that if it is a corporation or other legal entity, User is validly formed and existing under the laws of its jurisdiction and has duly authorized its agent or agents to enter into this Agreement and, if an individual, User is of the age of majority in his or her place of residence.
User acknowledges and agrees that:
User further acknowledges and agrees that CoolTool does not control the Content originating from User, respondents to User’s survey, or other users of the Site or the Services, and does not guarantee the accuracy, integrity or quality of such Content. Notwithstanding the foregoing, CoolTool may review all Content and may block, modify, terminate access to, or remove any such Content that CoolTool determines, in its sole discretion, does not comply with any of the requirements of these Terms, but CoolTool is not obligated to do so.
CoolTool reserves the right to purge Content from its databases at any time and from time to time without notice. User acknowledges and agrees that User is solely responsible for backing up any Content uploaded to the Site by User or received by User through the use of the Services. CoolTool shall not be liable for any purging, deletion, or failure to retain any such Content.
CoolTool may disable User’s account and User’s access to use the Site and/or the Services and may recover from User any losses, damages, costs or expenses incurred by using CoolTool resulting from or arising out of User’s non-compliance with these Terms.
Registration; Your Passwords and Unauthorized Use of Your Account
You agree to pay any fees for the Services you purchase or use, in accordance with the pricing and payment terms presented to you for the Services.
Some parts of the Services are billed on a subscription basis ("Subscription"). Each Subscription will have a definite expiration date that will be determined in the purchase order.
A valid payment method (credit card, PayPal, wire transfer etc.) is required to process the payment. You shall provide CoolTool with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize CoolTool Inc. to charge confirmed amount from your credit card or PayPal through our payment gateway provider.
Unless otherwise stated, you are responsible for any taxes or duties associated with the sale of the Services, including any related penalties or interest. You will pay CoolTool for the Services without any reduction for taxes.
CoolTool may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only after the expiration date of the current Subscription.
In connection with User’s use of the Site and the Services, and without limiting any of User’s other obligations under this Agreement or applicable law, User:
CoolTool does not allow its clients to use CoolTool to send SPAM. CoolTool respects the choices of users on which emails they wish to receive. Email messages sent by CoolTool and in connection with CoolTool surveys contain an "unsubscribe" link that allows users to elect not to receive further such messages. In case of suspicion that CoolTool has been used by someone to send SPAM, users can contact us immediately at and we will investigate the matter.
CoolTool does not review or monitor any websites linked to the Site and is not responsible for the content of any such linked websites. Your use of such linked websites is at your own risk. In addition, the existence of a link between the Site and another website shall not constitute the endorsement by CoolTool (or its parents, subsidiaries or affiliates) of the owner or proprietor of such linked website or of any products or services of such owner or proprietor, nor shall it constitute an endorsement by the owner or proprietor of such linked website of CoolTool, its parents, subsidiaries or affiliates.
Right to Modify the CoolTool Service
CoolTool may from time to time, in its sole discretion, change some or all of the functionality or any component of the Site and/or the Service or make any modification for any purpose including but not limited to improving the performance, service quality, error correction or to maintain the competitiveness of the Site and/or the Services.
This Agreement shall automatically become effective upon User’s first use of the Site or the Services and upon acceptance of this Agreement, and will continue until it is terminated. Customer may terminate this Agreement at any time for any reason by providing written notice to CoolTool. CoolTool reserves the right to suspend or terminate your account and use of the Site and/or Services, at any time, without notice, for any reason, at our sole discretion, including but not limited to the following:
Upon termination of this Agreement for any reason, User shall immediately cease all use of the Site and the Services, and User acknowledges and agrees that CoolTool may, in its sole discretion, take any measures CoolTool reasonably deems necessary or desirable to prevent further use by User of the Site or Services, including by blocking User’s IP address. User further acknowledges and agrees that upon termination of this Agreement, CoolTool shall not be obliged to retain any User Content (including survey or poll results or responses) or to provide the same to User, but may elect to do so in its sole discretion.
Termination of this Agreement by CoolTool as provided for in these Terms shall not entitle User to a refund of any unearned subscription fees previously paid by User.
CUSTOMER UNDERSTANDS THAT COOLTOOL DOES NOT GUARANTEE OR PREDICT ANY TYPE OF PROFIT OR RESPONSE FROM THE COOLTOOL SITE AND/OR SERVICES. THE SITE AND ALL SERVICES ARE PROVIDED “AS IS” AND USER AGREES THAT IT USES THE SITE AND SERVICES AT ITS OWN RISK. USER ACKNOWLEDGES AND AGREES THAT COOLTOOL AND ITS SUPPLIERS MAKE NO WARRANTY, EXPRESS, STATUTORY OR IMPLIED, OF ANY KIND TO CUSTOMER UNDER THIS AGREEMENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
COOLTOOL DOES NOT REPRESENT OR WARRANT THAT:
COOLTOOL WILL NOT BE RESPONSIBLE FOR:
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL COOLTOOL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF COOLTOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COOLTOOL SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR THE COOLTOOL SERVICES, INCLUDING WITHOUT LIMITATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COOLTOOL NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES, OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE (OR INABILITY TO USE) THE SITE AND/OR THE SERVICES, THE FAILURE OF PERFORMANCE OF THE SITE AND/OR THE SERVICES FOR ANY REASON, OR THE USE OF THE INFORMATION OR MATERIALS AVAILABLE FROM OR THROUGH THE SITE OR THE SERVICES.
You agree to defend, indemnify and hold CoolTool harmless from and against any loss, damages or costs, including reasonable attorneys’ fees and disbursements, resulting from any claim, action, or demand resulting from your use of the Services. You also agree to indemnify CoolTool for any loss, damages, or costs, including reasonable attorneys’ fees and disbursements, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on Company’s infrastructure.
Intellectual Property Rights
The Site and the Services and all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of CoolTool, its affiliates, or its third party licensors. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of CoolTool. CoolTool reserves all rights in the Site and the Services that are not expressly granted.
CoolTool is a trademark of CoolTool. Other trademarks, names, and logos on this Site are the property of their respective owners. Nothing in this Agreement shall be deemed to assign or transfer to User any rights to any such intellectual property. User further acknowledges and agrees that CoolTool materials and other content made available to User through the Services may be subject to the intellectual property rights of third parties.
License from CoolTool
Governing Law and Venue; Arbitration
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by sending CoolTool’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon CoolTool’s receipt of a satisfactory notice of claimed infringement, CoolTool will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through the Site or (ii) to disable access to the work(s). It is CoolTool’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to the Site (or any part of thereof) for any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who CoolTool, in its sole discretion, believes is infringing these rights. CoolTool may terminate access to the Site or Services at any time with or without notice for any affected User. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that user may send a counter notification to CoolTool. Upon CoolTool’s receipt of a counter notification that satisfies the requirements of DMCA, CoolTool will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that CoolTool will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
To File a Notification:
A written notification must be made. This can be done either by fax or written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that an in-world item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an in-world object is protected by copyright laws.
Send the written document to the designated Copyright Agent at CoolTool:
To file a counter-notification:
Send the written document to the designated Copyright Agent at CoolTool: