Terms and conditions of Use
Please read these terms and conditions of use carefully before using this website
Your use of the CoolEFI website is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using the CoolEFI website, you signify your acceptance of these Terms and Conditions.
The CoolEFI website its design, text, graphics, content, video, audio and the selection and arrangement thereof are the property of CoolEFI, and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties"), and is protected under the copyright laws of the United States of America and other countries. None of the content found on the CoolEFI website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of CoolEFI and/or the applicable Third Parties.
CoolEFI and all other CoolEFI related trademarks and design marks displayed on the CoolEFI website (collectively, the "Trademarks") are registered and common law trademarks of their respective owners. Nothing contained on the CoolEFI website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of CoolEFI or such other party that may own the applicable trademarks.
Use of Site
The CoolEFI website may not, in whole or in part, be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of CoolEFI, except that you may download, display and print the materials presented on the CoolEFI website for your personal, non-commercial use only. Unauthorized use of the CoolEFI website and/or the materials contained on the CoolEFI website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
In its sole discretion, in addition to any other rights or remedies available to CoolEFI and without any liability whatsoever, CoolEFI at any time and without notice may terminate or restrict your access to any component of the CoolEFI website.
CoolEFI enables visitors to provide feedback by email. If you provide Customer Content, you grant CoolEFI a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, and you waive any and all moral rights in the Customer Content. You also grant CoolEFI the right to use the name you submit with the Customer Content, if any, in connection with CoolEFI's rights hereunder.
Except as explicitly provided in the foregoing paragraphs, CoolEFI and the Third Parties make no representations or warranties of any kind, express or implied, regarding any materials provided on the CoolEFI website and/or on files available for download from the website. CoolEFI and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the CoolEFI website, or any of the content or data found on the CoolEFI website and expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
CoolEFI and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the CoolEFI website or your downloading of any materials, data, text, images, video or audio from the CoolEFI website. In no event shall CoolEFI or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the CoolEFI website or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the CoolEFI website for any purpose whatsoever), of the performance or non performance by CoolEFI or any of the Third Parties, even if such party has been advised of the possibility of damages by such parties or any other party.
If, notwithstanding the foregoing, CoolEFI or any of the Third Parties should be found liable for any loss or damage which arise out of or is in any way connected with any of the functions or uses of the CoolEFI website, the liability of CoolEFI and the Third Parties shall in no event exceed in the aggregate $1 USD.
You shall indemnify and save harmless CoolEFI and the Third Parties and their officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the CoolEFI website.
The CoolEFI website contains links to other websites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by CoolEFI or the Third Parties of the linked website or information contained therein. CoolEFI and the Third Parties shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
The relationship between CoolEFI and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or use of the CoolEFI website.
This Agreement and its performance shall be governed by the laws of the state of Indiana, USA. You consent and submit to the exclusive jurisdiction of the courts located in the town of Spencer, in the state of Indiana, USA, in all disputes arising out of or relating to the use of the CoolEFI website and these Terms and Conditions.
CoolEFI reserves the right to, without notice, make changes to the CoolEFI website, including without limitation with respect to services offered, product information, availability, content and pricing, and may at any time modify the Terms and Conditions of use of the CoolEFI website. Your continued use of the CoolEFI website will be conditioned upon your acceptance of the Terms and Conditions in force at the time of your use.
Additional Terms and Conditions
Separate Terms and Conditions may apply to use of products and services and other uses of portions of the CoolEFI website.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions, together with those incorporated or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by CoolEFI making such amendments or modifications available to it pursuant to the Terms and Conditions.