Welcome to the Cool as Vegan Web Site (the “Site”). Cool as Vegan, LLC (“Cool as Vegan”) provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the “Conditions”). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
Although you may “bookmark” a particular portion of this Site and thereby bypass the Conditions, your use of this Site still binds you to the terms. Cool as Vegan reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Cool as Vegan web site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.
ACCESS AND USE OF WEBSITE
All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Cool as Vegan, one of its affiliates or by third parties who have licensed their materials to Cool as Vegan. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content.
The content of the Site is intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. Cool as Vegan reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.
Cool as Vegan is a federally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Cool as Vegan.
Amongst other things, you agree not to:
• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Site, including without limitation, engage in the practice of “screen scraping,” or any other similar activity;
• Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Cool as Vegan.
• Hack into the Site, or modify another website so as to falsely imply that it is associated or affiliated with the Site.
• Harvest or otherwise collect information about users without their consent, or use any other automatic means of obtaining lists of users or other information from or through coolasvegan.com, including without limitation any information residing on any server or database connected to the coolasvegan.com.com.
• Obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means.
• Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
• Access or attempt to access any password-protected, secure or non-public areas of the Site without the express permission of Cool as Vegan.
• Use coolasvegan.com.com with the intent to interrupt, damage, disable, overburden, or impair coolasvegan.com.com including, without limitation, sending mass unsolicited messages or “flooding” servers with requests.
• Damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Site.
• Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Cool as Vegan. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Cool as Vegan or someone else.
• Use coolasvegan.com.com in violation of any applicable law. You further agree that you may not to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with www.coolasvegan.com.com, or any content thereof, or make unauthorized use thereof.
All content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of Cool as Vegan LLC or partners and protected by United States and international copyright laws. All software used on this site is the property of Cool as Vegan LLC or its software suppliers and protected by United States and international copyright laws. The trademarks, logos, service marks and trade names displayed on our website are registered and unregistered Trademarks of Cool as Vegan LLC and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Your misuse of the trademarks displayed on coolasvegan.com.com is strictly prohibited. We will enforce our Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Site are owned by Cool as Vegan and/or third parties, and are collectively referred to as “Content.” The Content may contain omissions, errors, or may be out of date. Cool as Vegan reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Cool as Vegan in any way except to the extent that it is specifically indicated to be so.
You may access and use the Site solely for your personal use in accordance with these Conditions. You may not download (other than page caching) or modify it, or any portion of it, except with express written consent of Cool as Vegan LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cool as Vegan LLC. You may not use any meta tags or any other “hidden text” utilizing Cool as Vegan LLC’s name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by Cool as Vegan LLC. You may not use any Cool as Vegan LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
You agree not to access or use the Site in any manner that is prohibited by these Conditions or is otherwise unlawful. We reserve the right in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason at all), and you agree that if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Cool as Vegan on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Cool as Vegan’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Cool as Vegan of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Cool as Vegan will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Cool as Vegan is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
At Cool as Vegan, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at Cool as Vegan will usually be priced the same as merchandise offered at our Cool as Vegan stores, in some cases, Cool as Vegan stores may have different prices or promotional events at different times.
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
ERRORS AND INACCURACIES
We always try to provide complete, accurate, up-to-date information on our web site. Unfortunately, despite those efforts human or technological errors may occur. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. In the event that information on our Site contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability, we reserve the right to correct such errors, inaccuracies or omissions and to change or update information. In the event that a Cool as Vegan product is listed at an incorrect price due to typographical error or systems error, Cool as Vegan shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. In addition, we reserve the right to refuse or cancel orders if any information on the Site is inaccurate, at any time and without prior notice (including after an order has been submitted). If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your Cool as Vegan purchase you may return it with the original Cool as Vegan packing receipt. Please see our Return Policy.
Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an Cool as Vegan or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
You agree to indemnify, defend and hold harmless Cool as Vegan and our Affiliates from all liabilities, claims, losses, damages, costs, and expenses, including attorney fees, that arise from the use or misuse of this Site (including negligent or wrongful conduct). Cool as Vegan reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Cool as Vegan in asserting any available defenses.
We may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability.
Cool as Vegan may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in Cool as Vegan account information.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities. Upon termination or suspension, for any reason, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate your account and delete all related information. The provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.
TERMS OF SALE
By placing an order with Cool as Vegan, you are (i) offering to purchase a product, (ii) representing that you are over 18 years of age, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Cool as Vegan’s acceptance of an order. We retain the right to refuse any request made by you. Prior to Cool as Vegan’s acceptance of an order, verification of information may be required. Cool as Vegan reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Cool as Vegan, for any reason whatsoever. Cool as Vegan reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Cool as Vegan shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, Cool as Vegan shall credit your account in the amount of the incorrect price.
Cool as Vegan reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Site are quoted in U.S. dollars. Please see our Customer Care webpage and all related webpages for information on shipping, delivery and tracking, the ordering and payment process, returns and exchanges, electronic gift cards, and other helpful information. Cool as Vegan reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Cool as Vegan as necessary (please see our USA Shipping, International Shipping, and Ordering & Payment webpages and all related webpages for further information).
Our web site is not meant for children, and we will not knowingly collect any personally identifiable information from children under the age of 13 without verified parental consent. We will remove from our files any personally identifiable information of anyone we discover to be under 13 years old. Our online contests or sweepstakes are restricted to entrants who are at least 18 years old.
ABILITY TO ACCEPT TERMS
You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Conditions, and to abide by and comply with these Conditions.
THIRD PARTY LINKS AND CONTENT
In an attempt to provide increased value to our visitors, Cool as Vegan may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Cool as Vegan, Cool as Vegan has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Cool as Vegan. Cool as Vegan has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Cool as Vegan seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Site are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT COOL AS VEGAN IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.