Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.coolcantops.com website. For purposes of these Terms, “you” refers to the individual visiting, viewing, using, or accessing the Service and any applicable subdomains thereof, or any applications, mobile applications, functionalities, content, materials, SMS/texting services, or other online services provided by us. These Terms also govern your participation in any Service Activity (as defined below).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. You represent and warranty that you possess the legal authority to enter into these Terms.
By accessing or using the Service you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you disagree with any part of these Terms and/or Privacy Policy then you do not have permission to access the Service. We cannot and do not guarantee the security of information you transmit through the Services, and you transmit all such information at your own risk.
Service Activity. "Service Activity" means any and all online and offline activities sponsored by us, including, without limitation, (a) visiting and viewing the Service and any other websites operated by us; (b) submission of any Content (as defined below); (c) to make purchases of product or services through the Service; and (d) participation in any forum, project center, message board, bulletin board, internal messaging system, or social media site or program sponsored by us.
When you create an account with us, you guarantee that you are above the age of 16 years of age or older or the age of legal consent in your jurisdiction, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time.
All information that you provide in your registration for the purposes of establishing your account is true and correct and you will promptly notify us of any changes to such information. You acknowledge that in establishing your account you have provided us with certain personal information about you. While we normally keep this information confidential, you agree that it may be necessary, from time to time, to disclose certain personal information to third parties and you consent to all such disclosures. Please see our Privacy Policy for further information.
Your account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your account, password or login to access or use the Services to arrange, enter, and/or participate in any Service Activity, or for any other purposes. We take no responsibility for any third party access to your account.
You have verified and determined that your use of the Service does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case. You will not engage in any conduct that injures or may injure the business, reputation or goodwill of ours.
You shall not infringe or encroach upon our personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You may not use a third party copyrighted image without the express permission of the copyright owner.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We hereby grant you permission to access and use the Service and to engage in Service Activity subject to these Terms, and provided that you agree not to: (i) alter or modify any part of our Service; (ii) engage in the sale of access to our Service; (iii) engage in the sale of advertising, sponsorships, or promotions placed on or within Service; (iv) circumvent, disable or otherwise interfere with security-related features of our Service or any Service Activity or features that prevent or restrict use or copying of any Content and Images or enforce limitations on use of our Services or any Service Activity; (v) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (vi) collect or harvest any personally identifiable information, including account names, from the Service; (vii) use the communication systems provided by the Service or any Service Activity (e.g., email, or comments or other posts in a forum or project center or on a message board, internal messaging system or bulletin board) for any commercial solicitation purpose; and (viii) solicit away from the Service, for commercial purposes, any users of the Service or any Service Activity.
Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the content thereof, but not caches or archives of such content. We reserve the right to revoke these exceptions either generally or in specific cases.
Restrictions on Use of Materials
No material from the Services or any website owned, operated, licensed or controlled by us, including, without limitation, the Images, may be copied, reproduced, republished, uploaded, transmitted, or distributed except as explicitly stated herein. using the Service for commercial and non-commercial purposes as further specified herein.
Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Except, that by submitting your email address in connection with your Purchase (as defined below), you agree that our third party service providers and we may use your email address to contact you about the status of your Purchase and other administrative purposes.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The Service may employ the use of third party services for facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Items in your Shopping Cart reflect the current price. Please note: This price may differ from the price displayed when the item was first placed in your Shopping Cart. We reserve the right to limit quantities and to refuse to sell to any person whom we believe are violating these Terms.
We work hard to ensure the accuracy of our pricing. Despite our efforts, pricing errors may still occur. If an item’s price is higher than the price displayed, we will cancel your order of that item and notify you of the cancellation.
You agree that we are not liable for any loss caused by any unauthorized use of your Pay-Pal Account, your credit card or any other method of payment by a third party in connection with the Service or any Service Activity. You waive your right to dispute any payment made into your account and you will personally bear all costs.
Any attempt to defraud the Service using Pay-Pal, credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of your account and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including use of stolen Pay-Pal credentials or credit card information, by anyone, or any other fraudulent activity, we reserve the right to block your account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
We may use third-party electronic payment processors and/or financial institutions ("EPP") to process financial transactions. You irrevocably authorize us, as necessary, to instruct such EPPs to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your request as submitted with your order. You agree to be bound by the terms and conditions of use of each applicable EPP, and in the event or conflict between these Terms and the EPP's terms and conditions then these Terms shall govern.
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs: the product is not available/in stock (any payments will be refunded); your billing information is not correct or not verifiable; your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; your bank transfer payment is not received within twelve (12) calendar days after acceptance of your order; we have reason to believe you are under sixeen (16); there was an error in the price quote; or we could not deliver to the address provided by you.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We are not responsible for errors in user-selected options, the type or quantity of product ordered, and damage to the products arising after delivery to you. Please carefully review your order before placing it.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to customerservice@coolcantops.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
You can contact our Copyright Agent via email at customerservice@coolcantops.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your Content removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of us. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Resultant Data. You hereby unconditionally and irrevocably grant to us an assignment of all right, title, and interest in and to the data, content and information, in any form or medium, related to your use of the Services or that incorporates or is derived from the processing of such information, data, or content by or through the Services (“Resultant Data”), including all intellectual property rights relating thereto.
Customer Data. As between you and us, you are and will remain the sole and exclusive owner of all right, title, and interest in and to information and data, in any form or medium, that is collected, downloaded, or otherwise received directly from you by or through the Services (“Customer Data”). For the avoidance of doubt, Customer Data does not include Resultant Data or any other information reflecting the access or use of the Services by or on behalf of you, including all intellectual property rights relating thereto, subject to the rights and permissions granted in this Section. You hereby irrevocably grant all such rights and permissions in or relating to Customer Data as are necessary or useful to us in providing the Services, creating new services or offerings or in conducting our business or future business.
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless CoolCanTops.com (US), L.P. and its affiliates, subsidiaries, licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, c) Content posted on the Service, d) Customer Data, including any processing thereof, e) any actual or alleged infringement, violation or misappropriation of the intellectual property rights of any third party.
Limitation Of Liability
We make no representation that materials in the site are appropriate or available for use outside of the United States. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Pennsylvania, regard to its choice of law provisions. If any provision of the Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and without shall not affect the validity and enforceability of any remaining provisions. The Terms and Conditions, together with the other CoolCanTops.com policies referenced herein, constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by us.
Trademark Notice
COOLCANTOPS.COM and the COOLCANTOPS.COM logo are registered trademarks of COOLCANTOPS.COM. All other brands and product names are trademarks of their respective companies.
In no event shall CoolCanTops.com (US), L.P., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, IMAGES, MATERIALS AND FUNCTIONALITY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
COOLCANTOPS.COM (US), L.P. ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
IMPORTANT: BY USING THIS SITE AND THEREBY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED IN THESE TERMS AND CONDITIONS BELOW. THIS PROVISION AFFECTS YOUR LEGAL RIGHTS AND REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.
Mandatory Binding Arbitration and Class Action Waiver
Any Dispute involving you and us that cannot be resolved informally or through small claims court shall be resolved through arbitration on an individual basis only. You and we are each waiving the right to sue in court, to have a trial by jury, or TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
This Arbitration Provision shall be broadly interpreted. “Dispute” means any claim or controversy related to us or our relationship. The Federal Arbitration Act shall govern this Arbitration Provision. The AAA pursuant to its Consumer Arbitration Rules (the AAA Rules”) shall administer arbitrations. The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. Unless you and we agree otherwise, any arbitration hearing will take place at a location within the United States that is convenient to you. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS, OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER USERS OF THE SITE, OR OTHER PERSONS. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. IN THE EVENT THAT THE CLASS ACTION WAIVER OR THE PUBLIC INJUNCTIVE RELIEF WAIVER IS DEEMED UNENFORCEABLE, THEN ANY PUTATIVE CLASS PROCEEDING OR CLAIMS INVOLVING PUBLIC INJUNCTIVE RELIEF MAY PROCEED ONLY IN A COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION.
This Arbitration Provision shall survive the termination of your use of the site.
In using these Services you agree to the following: (a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of these Services; (b) you will not to violate or attempt to violate the security of these Services, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (iii) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device; and (c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of these Services.
If you have any questions about these Terms, please contact us. customerservice@coolcantops.com
Cool Can Tops
Copyright © 2024 Cool Can Tops - All Rights Reserved.
Powered by GoDaddy
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.