Coolibar Terms & Conditions

Welcome to Coolibar, Inc.’s Website. Please review the following terms and conditions of use, which govern your use of the Website. These terms of use are entered into by and between You and Coolibar, Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.Coolibar.com, including any content, functionality and services offered on or through www.Coolibar.com (the "Website"), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Coolibar.com/privacy, incorporated herein by reference. We reserve the right to update or modify the Terms of Use at any time without prior notice. For this reason, we encourage you to review the Terms of Use whenever you use the Website. If you do not agree to these terms, please do not use the Website.

Site Contents

Unless otherwise noted, the Website and its entire content’s, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for lawful purposes and for your; personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website for commercial purposes, sell or exploit in any way Website content.

Product Pricing

The prices displayed on the Website are in U.S. currency and are subject to change at any time.

Product Orders

All information that you provide the Company or our third party payment processor must be accurate, current and complete. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made.

The Company will ship products according to the shipping and handling option selected by you at checkout, but we reserve the right to change the shipping options as needed.

User Comments, Feedback, and Other Submissions

We are happy to hear from users and welcome your comments regarding our products. It is the Company’s policy that we do not consider or accept proposals, plans, materials, creative ideas, applications for employment, etc. other than those we specifically request by us. Any unsolicited communication or material that you transmit to the Company via the Website or through social media, by electronic mail, ground mail, telephone or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, proposals, creative works, or the like (collectively “Comments”) will be treated as non-confidential and non-proprietary by us. The Company has sole discretion and the right but not the obligation to monitor and edit or remove any Comments. Additionally, we will not pay for any Comments, nor has the obligations to reply to any Comments.

By sending communications and Comments to us, you automatically grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by the Company and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

You understand and acknowledge that you are responsible for any user Comments you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. By using our Website, you agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. We are not responsible, or liable to any third party, for the content or accuracy of any user Comments posted by you or any other user of the Website.

Personal Information Submitted Through the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Website (the "Privacy Policy"). This Terms of Use incorporates by reference the terms and conditions of the Privacy Policy.

Reliance on Information Provided on Website

The Company makes every effort to ensure products and their designs, colors, etc. are represented accurately on the Website. As the result of technical issues, including but not limited to, browser or computer setting, the visual representation of the product may have distortions or variations from appearance of the actual product. The Company can’t be held liable for any noticeable differences in the product images represented on the Website and the actual product. Additionally, from time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Disclaimer

The contents of the Website, and any items obtained through the Website are provides as available “as is” and solely for general information purposes without warranties of any kind, either express or implied. Any reliance placed on such contents is strictly at your own risk. The Company is not liable for any damages of any kind related to your use of the Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer program, mobile device or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Geographic Restrictions

The owner of the Website is based in the state of Minnesota in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota and County of Hennepin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.

Termination

The Company may terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the Terms of Use. The obligations and liabilities of the parties as outlined in the Terms of Use, incurred prior to the termination date shall survive the termination for all purposes. The Company has the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.