1. Ownership
and Operation
This web site belongs to Cool Dog®, Inc., 2 Shaker Road, Shirley,
Massachusetts 01464. Our phone number is 978-425-2730. Cool Dog may,
in its sole discretion and at any time, modify or discontinue this web
site or specific portions of it.
2. Agreement to Be Bound
Your use of this web site constitutes your agreement with Cool Dog to
be bound by, and to act in accordance with, these Terms of Use.
3. Continuing Agreement
We may change or revise these Terms of Use from time to time by updating
this posting, so please visit this area each time you visit the web
site to keep up to date with the current terms regarding your use of
the web site. Your use of the web site reaffirms your continuing agreement
to the then-current Terms of Use.
4. Use of Site Materials
Cool Dog owns the copyright for all of the material on the web site
or has a valid right from a third party to use material on the web site.
Cool Dog also owns or has a valid right to use all trademarks, service
marks, and trade names used on this web site. No part of the web site
may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download one copy of
the materials on any single computer for your personal, non-commercial
home use only, provided you keep intact all copyright, trademark and
other proprietary notices on the materials. Any modification of the
materials or use of the materials for any other purpose is a violation
of Cool Dog’s copyright and other proprietary rights. The use
of any such material on any other web site or computer network without
Cool Dog’s written consent is strictly prohibited. Your use of
the trademarks, service marks and trade names on this web site in any
manner other than as authorized in these terms and conditions, or as
authorized in writing by Cool Dogs, is strictly prohibited.
5. Submissions
All comments, suggestions, graphics, ideas (including product and advertising
ideas), and other information or materials you submit to Cool Dogs through
this web site will become and remain the exclusive property of Cool
Dogs, including any future rights associated with such submissions,
even if these Terms of Use are later modified or terminated. This means
that you disclaim any proprietary rights in such submissions, and you
acknowledge Cool Dogs unrestricted right to use them (or materials or
ideas similar to them) in any medium, now and in the future, without
notice, compensation or other obligation to you or any other person.
It also means Cool Dogs has no obligation to keep your submissions confidential.
6. Contents of the Web Site - Disclaimer
The materials in this web site (including any graphics, recommendations
or other materials) and any materials made available through this web
site are provided "as is" and without warranties of any kind,
either express or implied. To the fullest extent permissible pursuant
to applicable law, Cool Dog disclaims all warranties, express or implied,
including, but not limited to, all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement. Cool Dog
does not warrant or make any representations regarding the use or the
results of the use of the materials in this web site in terms of their
correctness, accuracy, reliability, or otherwise. The materials in this
web site could include technical inaccuracies or typographical errors.
These materials could be inaccurate or become inaccurate as a result
of developments occurring after their respective dates. Cool Dog undertakes
no obligation to verify or maintain the currency of such information.
7. Operation of the Web Site - Disclaimer
Cool Dog endeavors to maintain this web site and its operation, but
is not, and cannot be, responsible for the results of any defects that
may exist in the web site or its operation. As to the operation
of the web site, Cool Dog expressly disclaims all warranties of any
kind, whether express or implied, including, but not limited to all
implied warranties of merchantability or fitness for a particular purpose,
title and non-infringement. Cool Dog makes no warranty that (i) the
operation of the web site will meet the user's requirements; (ii) access
to the web site will be uninterrupted, timely, secure, free of viruses,
worms, trojan horses or other harmful components, or free of defects
or errors; (iii) the results that may be obtained from the use of the
web site will be accurate or reliable; or (iv) defects will be corrected.
You (and not Cool Dog) assume the entire cost of all servicing, repair,
or correction that may be necessary for your computer equipment and
software as a result of any viruses, errors or any other problems whatsoever
you may have as a result of visiting this web site.
8. Limitation of Liability
Under no circumstances shall Cool Dog be liable for any damages
or injury, including any direct, special, incidental, consequential,
punitive or other damages, that may result from the use of, or the inability
to use, the web site or any materials in this site, whether in an action
of contract, negligence or other tortious action, arising out of or
in connection with the use or performance of the website or information
available in the web site. Cool Dog shall not be liable even if Cool
Dog or a Cool Dog authorized representative has been advised of the
possibility of such damages. These include but are not limited to damages
or injury caused by error, omission, interruption, defect, failure of
performance, delay in operation or transmission, line failure or computer
virus, worm, trojan horse or other harmful component.
9. Limitations as to Paragraphs 6, 7 and
8
Applicable law may not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations or exclusions may
not apply to you. However, in no event shall Cool Dog’s total
liability to you for damages, losses, and causes of action (whether
in contract, tort (including, but not limited to, negligence, or otherwise)
exceed the amount paid by you, if any, for accessing this site.
10. Postings
Cool Dog may from time to time monitor or review discussions, chats,
postings, and other transmissions, if any, on this web site. However,
Cool Dog is under no obligation to do so and assumes no responsibility
or liability arising from the content of any such transmissions or for
any error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, illegality or inaccuracy contained in
any information transmitted to any such locations on this web site.
You may not post or transmit any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material
or any material that could constitute or encourage conduct that would
be considered a criminal offense, give rise to civil liability, or otherwise
violate any law. Cool Dog will fully cooperate with any law enforcement
authorities or court order requesting or directing Cool Dog to disclose
the identity of anyone posting any such information or materials. Cool
Dog may also disclose such information if it has a good faith belief
that such disclosure is reasonably necessary to protect the rights,
property, or personal safety of Cool Dog, its customers or the public.
11. Availability of Help
This web site may provide a Help file or other instructions for the
use of this site. However, you understand that Cool Dog is under no
obligation to provide any support for the use of the web site.
12. Applicable Law; Jurisdiction
These Terms of Use and any disputes arising under or related to these
Terms of Use (whether for breach of contract, tortious conduct or otherwise)
will be governed by the laws of the State of Massachusetts, without
reference to its conflicts of law principles. Any legal actions, suits
or proceedings arising out of these Terms of Use (whether for breach
of contract, tortious conduct or otherwise) will be brought exclusively
in the state courts of Massachusetts or the United States District Court
for the District of Massachusetts, and you hereby accept and submit
to the personal jurisdiction of these Massachusetts courts with respect
to any legal actions, suits or proceedings arising out of these Terms
of Use. You also waive to the fullest extent permitted by law any right
to a trial by jury in any action, suit or proceeding brought to enforce,
defend or interpret any right or remedies under, or arising in connection
with or relating to, these Terms of Use.
13. Severability
If any provision of these Terms of Use shall be found to be unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and conditions and shall not affect
the validity and enforceability of any remaining provisions.
14. No Waiver
No failure on the part of Cool Dog to enforce any part of these Terms
of Use shall constitute a waiver of any of Cool Dog rights under these
Terms of Use whether for past or future actions on the part of any person.
Neither the receipt of any funds by Cool Dog nor the reliance of any
person on Cool Dog actions shall be deemed to constitute a waiver of
any part of these Terms of Use. Only a specific, written waiver signed
by an authorized representative of Cool Dog shall have any legal effect
whatsoever.
