Keep Cool USA Website
Welcome to the Keep Cool Bags website (the “Site”), owned and operated by Keep Cool USA and the Keep Cool International General Partnership (hereinafter collectively referred to as “Keep Cool”). Please review the following legal notices and terms and conditions of use (collectively, the “Terms”) and note that your access to and/or use of our website constitutes your consent to, and agreement to be legally bound by, these terms and conditions. There may be additional terms and conditions stated elsewhere in this website that apply to your use of particular functions and features.
Keep Cool may modify these Terms at any time, and those modified Terms will become effective immediately after Keep Cool posts them on the Site. You agree to review the Terms posted on the Site each time you access or use the Site so that you are aware of any modifications made to these Terms. If you do not agree to these Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms will constitute breach of contract and may violate Keep Cool’s copyright, trademark, and other proprietary and intellectual property rights.
HOW YOU MAY USE THE CONTENT ON OUR WEBSITE
All text, images, graphics, photographs, video clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”) on the Site are copyrights, trademarks, service marks or other intellectual property or proprietary rights owned or licensed by Keep Cool or its affiliates, unless we have stated otherwise on this website. In particular, the marks “Keep Cool,” “Keep Cool Bags,” and the “Keep Cool Logo” are the exclusive property of the Keep Cool International General Partnership. You may use the Content only for limited, internal, noncommercial, informational purposes. You may print out a single copy of the Content solely for those purposes, if the copy bears all copyright, trademark, service mark and other intellectual property and proprietary notices displayed on the web page. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, for any purpose. Additionally, framing pages or parts of pages on our website and deep linking to pages in our website are prohibited. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, service mark, patent or other intellectual property or proprietary right in the Content. Under no circumstances will you obtain any rights in the products, services, processes or technology described in the Content. All of those rights are retained by Keep Cool, its affiliates and any third-party owners of those rights.
Generally, you can visit the Site without telling us who you are or revealing personal information about yourself. However, in some cases, you may choose to provide certain personal information to us. Keep Cool is sensitive to privacy issues with respect to the use of personal information that visitors to the Site provide.
The Site is not intended for children under the age of 13. Keep Cool will not knowingly collect personally identifiable information via the Site from visitors in this age group.
COPYRIGHT INFRINGEMENT CLAIMS
If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on Keep Cool actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to: Keep Cool USA, 935 Moraga Road, Suite 200, Lafayette, California 94549.
REFERENCES TO OTHER COMPANIES AND LINKS TO OTHER WEBSITES
TRANSMISSION OF INFORMATION AND OTHER MATERIALS VIA THE SITE
Keep Cool does not want you to send to it via the Site, and you should not send to it via the Site, unsolicited ideas, suggestions, or materials. You agree that any information or materials that you or individuals acting on your behalf send to Keep Cool via the Site, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Information”), will not be considered confidential or proprietary, even if the Information is labeled “Confidential” or “Proprietary.” Keep Cool will own all Information you submit to it via the Site, and by submitting the Information to Keep Cool, you assign to Keep Cool all worldwide rights, title and interest in and to that Information. Keep Cool will not have any obligation to keep Information confidential and will be free to reproduce, use, disclose and distribute Information to others without limitation or liability. Keep Cool may use any ideas, concepts, know-how or techniques in the Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Information, without providing any notice, compensation or attribution to you. Keep Cool welcomes your comments and suggestions on the Site and its services, but Keep Cool does not solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its products or services or any new products or services.
You are prohibited from posting on or transmitting to the Site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any material that would violate any law.
CONTENT AND LIABILITY DISCLAIMER
Content on the Site may include inaccuracies or typographical errors, and we are not responsible for any reliance you may place on the Content. Keep Cool may make changes to the Content and the products, services and programs described in the Content at any time without notice.
THE KEEP COOL WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS”, AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE OR THE CONTENT ARE DISCLAIMED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE OR ABSENCE OF VIRUSES. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF OUR WEB SITE. IN NO EVENT SHALL KEEP COOL OR ITS AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER RELATING IN ANY WAY TO YOUR USE OF OR RELIANCE UPON THE WEBSITE OR THE CONTENT, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF KEEP COOL HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
HOW TO REACH US
We can be reached in the following ways:
|Postal address:||Keep Cool, 935 Moraga Road, Suite 200, Lafayette, CA 94549|
MODIFICATION AND APPLICABLE LAW
Keep Cool may modify these Terms at any time. You should visit this web page periodically to determine the current Terms that apply. These Terms shall be governed by the laws of the State of California, excluding its conflicts of law principles. All actions and proceedings relating to this website or the Content shall be commenced and heard exclusively in the state and federal courts for Contra Costa County, California, and Keep Cool and you consent to the jurisdiction and venue of those courts.
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