Last Updated: March 1, 2023
Introduction
Welcome to the Coolhut® Ergonomic Office Chair, Office Chair website at coolhuts.shop and any related mobile applications (collectively, the “Site“). The Site is owned and operated by Coolhuts (“Coolhuts,” “we,” “us,” or “our“).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THIS SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITE IN ANY WAY.
By accessing or using the Site, you are agreeing to these Terms of Use and concluding a legally binding contract with Coolhuts. Do not access or use the Site if you are unwilling or unable to be bound by the Terms of Use.
Definitions
The terms “you” and “your” refer to the user accessing the Site. A “Content” means text, images, photos, audio, video, location data, and any other content or information submitted by Coolhuts or users on or through the Site. “Coolhuts IP” includes, collectively, the Site, the Content, all software, technology, content, and other materials used to provide the Site and related services, all updates, revisions, corrections, modifications, enhancements, and other changes to any of the foregoing, all data, databases, and data collections developed or generated from use of the Site, and all Intellectual Property Rights related to each of the foregoing.
“Intellectual Property Rights” means any and all patent rights, copyright rights, trademark rights, trade secret rights, database rights, moral rights, rights of attribution, integrity and similar rights of any type under the laws of any governmental authority, domestic or foreign, together with all intellectual property rights therein provided by international treaties and conventions.
Acceptance of Terms of Use
By accessing and using our Site, you accept and agree to be legally bound by these Terms of Use. If you do not accept and agree, you may not use the Site. These Terms of Use incorporate Coolhuts’ Privacy Policy by reference, the most recent version of which is available on the Site.
Modification of Terms of Use
We reserve the right to modify these Terms of Use by posting revised Terms of Use on and/or through the Site. Modifications are effective immediately upon posting. You are responsible for reviewing and becoming familiar with any modifications. Your use of the Site following the modifications constitutes your acceptance of the modified Terms of Use.
Eligibility to Use the Site
You must be at least 18 years old and reside in the United States to access or use the Site. By accessing or using the Site, you represent and warrant that:
- You are at least 18 years old;
- Your access and use of the Site will comply with all applicable laws and regulations;
- You will not access or use the Site to do anything unlawful, misleading, malicious, or discriminatory;
- Your registration and account information is truthful and accurate; and
- You own or have the necessary licenses, rights, consents, and permissions to the content you submit.
Account Creation and Security
You may need to register for an account to access certain parts of the Site. You agree to provide accurate and complete information when registering an account and to update the registration information if it changes. You are solely responsible for protecting your account login credentials from unauthorized use. You must notify us immediately if you believe there has been unauthorized use of your account.
Ordering Products
The Site allows you to purchase various products. You may need to register for an account to order products. All orders are subject to product availability, these Terms of Use, any additional terms displayed before you place an order, and Coolhuts’ acceptance of your order. We reserve the right to impose order quantity limits on any product at any time.
When ordering a product, you must provide complete and accurate billing, shipping, and payment information, which may include name, contact details, shipping address, and credit card details. You represent that you are authorized to use the payment method you provide.
Pricing: Prices for products appearing on the Site are quoted in U.S. dollars. We periodically verify pricing accuracy but cannot be responsible for typographical errors. If we discover an error in advertised pricing, we will give you the option to reconfirm the order at the correct price or to cancel.
Taxes: You are responsible for all applicable federal, state, provincial, municipal and other taxes associated with your order. If you are exempt from sales tax, you may submit an exemption certificate.
Shipping and Handling: Shipping and handling charges will be displayed on the checkout page before completing an order. We do our best to accurately display shipping costs but they are based on the shipping method, weight, dimensions, and destination address. Your total cost will be stated before finalizing an order.
Cancellations and Modifications: If you need to modify or cancel an order, please contact us immediately at [email protected]. We will do our best to accommodate requests if they are received prior to processing and fulfillment.
Usage Rules
You must comply with these usage standards when accessing the Site:
- Do not use the Site to violate any applicable law, regulation or ordinance.
- Do not submit invalid orders, or cause errors by intentionally canceling orders or issuing fraudulent credit card chargebacks.
- Do not infringe or violate any Coolhuts IP or third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
- Do not post content that is offensive, abusive, libelous, defamatory, or promotes racism, bigotry, violence, hatred, or harm against any individual or group.
- Do not engage in harassing, threatening, or lewd behavior via the Site messaging features.
- Do not submit any malicious or unauthorized code like viruses or worms.
- Do not harvest, mine or engage in any data scraping of usernames, passwords, addresses or other user data from the Site.
- Do not attempt to gain unauthorized access to the Site, other user accounts or connected networks.
- Do not post false reviews, impersonate any person or entity, or use any fraudulent billing information.
- Do not submit any unsolicited or unauthorized advertising, spam, contests, sweepstakes, surveys, pyramid schemes, or other solicitations through the Site.
- Do not enable any unauthorized use of your account or the Site.
Any violation of these usage standards may result in civil or criminal liability. We reserve the right to investigate and prosecute violations to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users in any applicable jurisdiction.
Coolhuts IP
The Site contains Coolhuts IP that is protected by copyright, trademark, patent, trade secret and other laws in both the United States and other countries. You shall abide by all copyright notices or other restrictions contained in any Coolhuts IP accessed through the Site.
All parts of the Site including the Coolhuts IP are owned by Coolhuts or its licensors and are protected by copyright laws. Accessing, using, reproducing, modifying, distributing, copying or other use of any Coolhuts IP, in whole or in part, for any purpose not stated in these Terms is strictly prohibited without our prior express written permission.
Coolhuts and its licensors reserve and retain all rights, title, and interest in and to the Coolhuts IP. There are no implied licenses granted under these Terms. Any rights not expressly granted herein are reserved. Requests to use any Coolhuts IP should be submitted at [email protected].
Trademarks
Coolhut®, Coolhuts, and any Coolhuts logo or other trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of Coolhuts in the U.S. and/or other countries. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks.
User Submissions
The Site may allow you to upload, submit or transmit text, images, photos, videos, reviews, information or other content (“User Content“), which you retain ownership of. You grant Coolhuts a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable license to use, reproduce, modify, translate, publish and distribute any User Content to the extent necessary to provide, operate, market, and promote the Site.
You represent and warrant that: (i) you own or have the necessary licenses and rights to any User Content that you submit; and (ii) that Coolhuts’ use of such User Content as permitted by these Terms will not infringe or violate any rights of any third party. You agree to indemnify, defend and hold harmless Coolhuts from any claims arising from User Content you submit.
We may reject, refuse to post, or delete any User Content, remove associated votes, moderation points or use limitations at any time and for any reason (including User Content that we believe violates these Terms), with or without notice to you.
Disclaimers
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SITE OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE OR CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITE; AND (IV) WHETHER THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
ALL CONTENT AND OTHER INFORMATION ON THE SITE ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR SAFETY OF ANY CONTENT. WE DO NOT WARRANT THAT THE OPERATION OR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE WILL BE FREE FROM ATTACKS OR OTHER HARMFUL EVENTS.
THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COOLHUTS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE. UNDER NO CIRCUMSTANCES WILL COOLHUTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT ON THE SITE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOLHUTS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO AND USE OF THE SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), SHALL NOT EXCEED (A) THE AMOUNT PAID BY YOU TO COOLHUTS FOR ACCESS TO AND USE OF THE SITE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) $100, WHICHEVER IS GREATER.
Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. You agree that any dispute arising out of or relating to these Terms or your use of the Site will be brought exclusively in the state or federal courts located in San Francisco County, California. You hereby irrevocably consent to the personal jurisdiction and venue of such courts.
Indemnification
You (and any third party for whom you operate the Site) agree to defend (at Coolhuts’ request), indemnify and hold Coolhuts harmless from and against any third-party claims, damages, liabilities, losses, and expenses, including, without limitation, reasonable attorney’s fees and costs, arising from or in any way related to any of the following: (1) your use or alleged use of the Site; (2) your failure to comply with these Terms; (3) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (4) any disputes or issues between you and any third party; (5) any content or information you provide us; or (6) any activity in which you engage on or through the Site.
Arbitration Agreement
This section applies to any dispute EXCEPT disputes relating to the infringement, validity, or enforceability of Coolhuts’ intellectual property rights. The term “dispute” is given the broadest possible meaning and includes any dispute, claim, controversy or action between you and Coolhuts arising out of or related in any way to these Terms or Coolhuts. In case of any dispute, you and Coolhuts agree to first contact each other and attempt to negotiate an informal resolution in good faith. If a dispute cannot be resolved informally within 30 days, then it will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time a request is made for arbitration.
Either you or Coolhuts may elect to resolve a dispute by binding arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, applies and arbitration will be conducted pursuant to the Consumer Arbitration Rules of the AAA as modified herein.
WE EACH AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Other rights like discovery or appeal may also be limited in arbitration. All disputes will be resolved before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
If any party files a lawsuit in court that is subject to arbitration under this provision, then any other party may obtain a stay of that court proceeding pending arbitration once initiated.
You can obtain AAA’s rules and forms and instructions for how to start arbitration at www.adr.org or 1-800-778-7879. Any arbitration will take place within the county or parish in which you reside or do business. For claims up to $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. For claims over $75,000, the AAA’s Commercial Arbitration Rules will apply.
Coolhuts will reimburse you for the initial AAA filing fees up to $200 upon written request if you are unable to pay. We will pay any additional administrative or arbitrator fees if required under AAA rules.
An arbitrator can only award the same damages and relief as a court able to order. The arbitrator’s award will be final and binding and judgment may be entered upon it in any court having jurisdiction.
If any portion of this arbitration agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the agreement. You and Coolhuts acknowledge the protections and benefits that arbitration provides in connection with resolving disputes between the parties. This mutual agreement to arbitrate claims represents an informed, voluntary allocation and bargaining of risks given the nature of our interactions.
General Provisions
Entire Agreement: These Terms constitute the entire agreement between you and Coolhuts regarding the subject matter, and supersede all previous Terms, representations, understandings or agreements. No additional or different terms will be enforceable against Coolhuts unless expressly agreed.
Claim Time Limit: You agree that any claim you may have arising out of or related to your relationship with Coolhuts must be filed within one year after such claim arose, otherwise your claim is permanently barred.
Waiver: Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver or such right or provision.
Assignment: Coolhuts may freely assign its rights under these Terms. You may not assign any rights under these Terms without our prior written consent.
Severability: If any provision of these Terms is determined to be invalid or unenforceable, it will still be enforced to fullest extent allowed and the remaining provisions will remain in effect.
Export Controls: Use of the Site and related Content may be subject to U.S. and international export, re-export or import laws. You are solely responsible for complying with such laws and regulations.
Force Majeure: We will not be liable for any delay or failure in performance due to causes beyond our reasonable control.
Notices: You consent to receiving any notices from us electronically via the last email or contact information you provided us. Notice will be deemed given 24 hours after the transmittal is sent, unless the sending party has reason to know the email failed to transmit.
Publicity: You grant us the right to add your name and company logo to our customer list and website.
Government Users: The Site is commercial computer software under the Federal Acquisition Regulations and agency supplements to them. Any use, duplication or disclosure by the U.S. Government shall be solely in accordance with the terms of this Agreement.
Survival: The following sections will survive the expiration or termination of these Terms: Disclaimers, Indemnification, Limitation of Liability, Governing Law and Jurisdiction, General Provisions.
Contact Us: Please contact us with any questions about these Terms at [email protected] or:
Coolhut® Ergonomic Office Chair, Office Chair
123 Main St
Anytown, CA 12345
Conclusion
This concludes the Terms and Conditions for the Coolhut® Ergonomic Office Chair, Office Chair website and online services. These Terms represent the entire agreement between you and Coolhuts concerning your use and access to the Site. By accessing or using the Site, you affirm that you have read these Terms and agree to be bound by them.
Thank you for visiting our Site!
