Terms of Use
1. Acceptance of Terms
Thank you for visiting our web site ("Site"). This Site is owned and operated by Super Cool Products, Inc. (the “Company”) and consists of information services and content provided by Company and certain third parties. We maintain our Site as a service to Internet users ("Users"). Our Site is designed to familiarize you with the Company and certain advertiser’s (“Advertiser”) websites advertising their company, products, or services (“Products”). Information contained on this Site is intended to be informative only, does not constitute legal, tax, accounting, financial or other professional advice and does not constitute a representation or warranty with regard to any Products or products or services provided by Company. The Company may revise these Terms of Use at any time. This Site is intended for use by persons who are age 18 or older. Persons under age 18 should not use the Site or submit any information to the Site. All Users of this Site agree that access to and use of this Site are subject to these Terms of Use, any legal terms found elsewhere on the Site, and to other applicable laws. If you do not agree to these Terms of Use, or to any other legal terms found on the Site, please discontinue use of the Site.
2. General Terms and Conditions
The Company provides the information, services, text, graphics, links and/or other material, including the Products of Advertisers (the "Content") on this Site to the User, conditioned on the User's acceptance, without modification, of these Terms of Use. The use of the Site is subject to the additional disclaimers, conditions, and notices that may appear throughout the Site.
No reproductions or other use of the Content may be made without the express written consent of the Company. User agrees not to sell, copy, reproduce, republish, transmit or distribute any data obtained from this Site or to incorporate data from this Site into any products or services without Company’s prior written consent.
Prices are subject to change without notice.
All the terms of these Terms of Use shall apply to and bind the assignees and successors in interest of you the Company. The waiver by the Company of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms of Use are held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms of Use.
3. Disclaimers
The Company and their agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Site. While the Company strives to keep Content on this Site updated, accurate, and complete, the Company and their agents will not be responsible for any damages or losses related to the Content. The Content provided on this Site is intended for informational purposes only and is not intended to constitute an offer or solicitation. Despite the efforts of the Company to provide accurate information on this Site, it is not possible to ensure that all information is correct or up to date. The Company assumes no responsibility or liability for any actions taken as a result of using this Site, or for errors or omissions in the Content utilized by the Company in connection with this Site.
THIS SITE AND THE CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DISCLAIMS ALL LIABILITY FOR THE QUALITY, CONDITION, OR DELIVERY OF ANY PRODUCTS ADVERTISED ON THIS SITE.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT IN THIS SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Indemnification
Users agree to indemnify, defend and hold the Company and their respective officers, directors, employees and agents harmless from and against any claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or related to i) User’s failure to comply with these Terms of Use; ii) User’s use of this Site; iii) the Products; iv) the Advertisers; or v) content submitted or posted by User or otherwise provided by User to the Company.
6. Links To and From This Site
The Company shall not have responsibility and shall not be liable for the accuracy or availability of information provided by websites which are linked to the Site via hypertext or other computer "Links." Links to external websites or external website landing pages are provided merely as a convenience to Users and do not constitute an endorsement by the Company of such websites or the content, products, advertising, or other materials presented on such websites, including any changes or updates thereto, including the Products and Advertisers. The Company has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites, the Products, or Advertisers.
7. Applicability of Terms of Use
These Terms of Use and all other legal terms on the Site are applicable upon the User's access to the Site. These Terms of Use may be revised, modified, amended, or supplemented by the Company without notice at any time for any reason. These Terms of Use shall apply to all Users regardless of any future transaction or dealings between such User and the Company, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.
8. Governing Law
The use of the Site and the Content shall be governed by the laws of the State of Illinois, without regard to any conflict of law provisions. Any actions related to the Site and/or the Content shall be filed in the State of Illinois. Any actions or claims made by a User related to the Site and/or Content, including without limitation these Terms of Use, must be commenced within one (1) year after the claim or cause of action arose or be forever waived and barred.
9. Proprietary Rights
All materials on the Site that are created or provided by the Company, including, but limited to, text, graphics, logos, icons, and images, are the property of the Company or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of the Company and is also protected by United States and foreign intellectual property laws. All other trademarks not owned by the Company that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. All rights not expressly granted in these Terms of Use are reserved. The Company is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our Advertisers.
10. Copyright Infringement
The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) a description of the copyrighted work or other intellectual property that you claim has been infringed; 3) a description of where the material that you claim is infringing is located on the site; 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; 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Super Cool Products, Inc.
Attn: Intellectual Property Dept.
340 W. Butterfield Rd., Suite LLB
Elmhurst, IL 60126 U.S.A.
By email:
legal@super-cool-products.com