June 3, 2017

This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.coolcarbikini.com (Website).  By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.  Please review the following terms carefully.    

Our Services

Our Website offers the following services: 

Sell the product: the patent pending Cool Car Bikini. (Services).   

Definitions

The terms “us” or “we” or “our” refers to Cool Car Bikini, the owner of this Website.  A “Visitor” is someone that merely browses our Website.  A “Member” is someone who has registered with our Website to use our Services (purchased a product).  The term “User” is a collective identifier that refers to either a Visitor or a Member. 

All text, information, graphics, design, and data offered through our Website or Services will be known as our “Content”.  

Acceptance of Agreement

This Agreement is between you and Cool Car Bikini. 

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE  AND OR PURCHASING OUR PRODUCTS CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Cool Car Bikini, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein.  However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.  

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it.  If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

Limited License

Cool Car Bikini grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement.  Your use of our Website and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement.  No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Cool Car Bikini.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos.  Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, or patents or pending patents without the prior written permission of Cool Car Bikini.

Our Content, as found within our Website and Services, is protected under United States and foreign copyrights and patents. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited by law.  Your use of our Website and Services does not grant you any ownership rights to our Content or pending patents.

Digital Millennium Copyright Act Compliance

Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any of your copyrights are infringed by our Content, please provide us with a written notice email that contains the following information: 

1. An electronic signature of the person authorized to act on behalf of the owner of the copyright interest; 

2. A description of the copyrighted work that you claim has been infringed; 

3. A description of where the material that you claim is infringing is located on our Website; 

4. Your address, telephone number, and email address; 

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 

6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

We are only required to respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Eligibility and Registration for Membership

To use our Services, you may choose to register with our Website to become a Member.  Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age (18) years of age or older.  

Any registration by, use of or access to our Website by anyone under such, is unauthorized, unlicensed and in violation of these Terms and Conditions. By using our Website and/or Service, you represent and warrant that you are (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement.  Cool Car Bikini has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will create a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. 

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

 

Product Disclaimer

 

 

This patent pending half car cover The Cool Car Bikini is provided as is without any guarantees or warranty. In association with the product, Cool Car Bikini makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of non-infringement of third party rights. 

 

NOTICE OF RISK:

This product can at times involve substantial risk of injury, property damage, and other dangers. Dangers peculiar to such activities include, but are not limited to, choking hazard – contains small parts be advised around children and pets, if used improperly it may scratch or dent vehicle, be advised it contains industrial strength magnets – use product as instructed 

 

CAUTION! CONTAINS HIGH STRENGTH MAGNETS KNOWN TO BE A DANGEROUS CHOKING HAZARD. MAGNETS CAN STICK TOGETHER IN THE INTESTINES AND REQUIRE SURGERY. KEEP AWAY FROM CHILDREN AND PETS.

 

Note - MAGNETS CAN BREAK IF USED IMPROPERLY. DO NOT REMOVE FELT BACKING. NOT FOLLOWING DIRECTIONS PROPERLY MAY RESULT IN VEHICLE DAMAGE. WE WILL NOT BE HELD RESPONSIBLE FOR PRODUCT MISUSE. 

 

 

NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, THE PRODUCTS TO WHICH THE INFORMATION MENTIONS MAY BE USED WITHOUT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, OR OF ANY OTHER NATURE ARE MADE WITH RESPECT TO INFORMATION OR THE PRODUCT TO WHICH INFORMATION MENTIONS. IN NO CASE SHALL THE INFORMATION BE CONSIDERED A PART OF OUR TERMS AND CONDITIONS OF SALE."

Content Disclaimer

The opinions expressed on our affiliated Websites are not necessarily the opinions of Cool Car Bikini  Any Blog content provided by our bloggers are of the blogger’s opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.

The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. 

 

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors.  We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.  

We may make changes to the features, functionality or content of our Website or Services at any time.  We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. 

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY COOL CAR BIKINI INC. AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services.  You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. 

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT.   WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants.  Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer 

 

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons.  Cool Car Bikini assumes no responsibility for any error, omission or interruption in services.

 

Under no circumstances will Cool Car Bikini be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services.

Cool Car Bikini reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services. 

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.  

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. 

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

Privacy Policy

Our Privacy Policy is considered part of this Agreement.  You must review this Privacy Policy by clicking on our “Privacy Policy” link found on the website.

 

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.

 

Links to Other Websites

Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you.  By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites.  Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. Cool Car Bikini has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk. 

 

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

 

Refund and Return Policy 

To the extent that you purchase any goods directly from us, we may refund you your purchase price within 3 (3) days after receiving the returned item. Notify us in email to notify of your desire for the refund, together with the reason for the request, subject to the return of the product to us in the same condition as when purchased.  A refund may be denied if the item is returned open or used. Products that arrive defective will be refunded if customer service is notified within fourteen (14) days about the defective product.   

 

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services. 

 

Arbitration  

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. 

The arbitration shall be conducted in Riverside, CA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Riverside, CA necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs.

 

General Terms

This Agreement shall be treated as though it were executed and performed in Riverside, CA and shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles.  In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.

Copyright © Orion Systems. This document, or any portion of, may not be copied or duplicated without
the written permission of Orion Systems. http://www.disclaimertemplate.com