Terms and Conditions

1. AGREEMENT TO OUR LEGAL TERMS

We are Cool Cool Cool Tees (“Company,” “we,” “us,” or “our”).
We operate the website https://coolcoolcooltees.com (the “Site”), as well as any other related products and services that refer or link to these Legal Terms (collectively, the “Services”).

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Cool Cool Cool Tees, concerning your access to and use of the Services.

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: orders@coolcoolcooltees.com.

If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice is displayed.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete.
2. You will maintain the accuracy of such information and promptly update it as necessary.
3. You have the legal capacity and agree to comply with these Legal Terms.
4. You are not under the age of 13.
5. You are not a minor in your jurisdiction, or if a minor, you have received parental permission.
6. You will not access the Services through automated or non-human means.
7. You will not use the Services for any illegal or unauthorized purpose.
8. Your use of the Services will not violate any applicable law or regulation.

If you provide false, inaccurate, outdated, or incomplete information, we may suspend or terminate your account.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

We reserve the right to remove, reclaim, or change a username you select if we determine it is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display accurate information regarding our products, including descriptions, colors, and images. However, we do not guarantee that product details are error-free, complete, or current.

All products are subject to availability, and we cannot guarantee items will always be in stock. We reserve the right to discontinue products at any time.

Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• Klarna

You agree to provide current, complete, and accurate purchase and account information for all purchases. You must promptly update account and payment details so transactions can be completed.

• Sales tax will be added where required.
• Prices may change at any time.
• All payments must be made in US dollars.

You agree to pay all charges at the prices in effect for your purchases, including any applicable shipping fees, and authorize us to charge your payment method.

We reserve the right to:

• refuse any order,
• limit or cancel quantities purchased per person, household, or order,
• restrict orders using the same account, payment method, billing, or shipping address, and
• prohibit orders that appear to be from dealers, resellers, or distributors.

7. RETURN POLICY

Please review our Return Policy prior to making any purchases:
https://coolcoolcooltees.com/return-policy/

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than those we make available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or content to compile a collection or database without our written permission.
• Trick, defraud, or mislead us or other users.
• Circumvent or interfere with security-related features of the Services.
• Disparage or harm us or the Services.
• Use information obtained to harass or harm another person.
• Make improper use of support services or submit false reports.
• Violate applicable laws or regulations.
• Upload viruses, spam, or disruptive material.
• Engage in unauthorized framing or linking.
• Use automated scripts, bots, or data-mining tools.
• Delete copyright notices.
• Impersonate another user.
• Upload spyware, web bugs, or passive collection mechanisms.
• Interfere with the Services or networks connected to them.
• Harass or threaten our employees or agents.
• Attempt to bypass access restrictions.
• Copy or adapt the Services’ software.
• Reverse engineer or decompile the Services.
• Launch unauthorized automated systems or scripts.
• Use a buying agent to make purchases.
• Collect user data for unsolicited email.
• Use the Services to compete with us commercially.
• Advertise or sell goods and services via the Services.
• Sell or transfer your profile.

9. USER GENERATED CONTRIBUTIONS

The Services may invite you to create, post, or share content (“Contributions”) such as text, images, videos, comments, or other materials.

By creating or sharing Contributions, you represent and warrant that:

• Your Contributions do not infringe on any third-party rights.
• You own or have the rights and permissions to share your Contributions.
• Any identifiable individuals consent to their inclusion.
• Your Contributions are not false, misleading, or unlawful.
• They are not unsolicited advertising or spam.
• They are not obscene, defamatory, or otherwise objectionable.
• They do not harass, threaten, or promote violence.
• They do not violate any laws or privacy rights.
• They do not contain offensive comments related to race, gender, or disability.

Any violation may result in suspension or termination of your rights to use the Services.

10. CONTRIBUTION LICENSE

By posting Contributions, you grant us an unrestricted, irrevocable, worldwide license to:

• use, copy, reproduce, publish, distribute, sell, resell, broadcast, reformat, translate, and display your Contributions in any media, and
• create derivative works from them.

You waive all moral rights in your Contributions. You retain ownership but grant us these rights.

We reserve the right to:

• edit, redact, or remove Contributions;
• re-categorize Contributions; and
• pre-screen or delete Contributions without notice.

11. GUIDELINES FOR REVIEWS

When posting a review, you must:

1. Have firsthand experience with the product or service.
2. Not use profanity, hate speech, or discriminatory language.
3. Not reference illegal activity.
4. Not post negative reviews if affiliated with competitors.
5. Not make conclusions about legality of conduct.
6. Not post false or misleading statements.
7. Not organize campaigns for reviews.

We may accept, reject, or remove reviews at our discretion. Reviews do not represent our views and we assume no liability for them.

By posting a review, you grant us a license to reproduce, modify, translate, and distribute the content of the review.

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites or display third-party content. We do not investigate, monitor, or guarantee the accuracy or appropriateness of third-party websites or content.

If you access third-party websites or content, you do so at your own risk. These Legal Terms no longer apply when you leave our Services.

We are not responsible for purchases, content, or practices of third-party websites. You agree to hold us harmless from any harm caused by third-party websites or content.

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

1. Monitor the Services for violations of these Legal Terms.
2. Take legal action against violators.
3. Refuse, restrict, or disable access to Contributions.
4. Remove excessive or burdensome files or content.
5. Manage the Services to protect our rights and ensure proper functioning.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://coolcoolcooltees.com/privacy-policy/.

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado, applicable to agreements made and to be entirely performed within the State of Colorado, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by them. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Douglas County, Colorado. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Douglas County, Colorado, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

a) No arbitration shall be joined with any other proceeding.
b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.
c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

a) Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
b) Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
c) Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable. Such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

1. Errors, mistakes, or inaccuracies of content and materials.
2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services.
3. Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
4. Any interruption or cessation of transmission to or from the Services.
5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party.
6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Your Contributions.
2. Use of the Services.
3. Breach of these Legal Terms.
4. Any breach of your representations and warranties set forth in these Legal Terms.
5. Your violation of the rights of a third party, including but not limited to intellectual property rights.
6. Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require:

• an original signature,
• delivery or retention of non-electronic records, or
• payments or the granting of credits by any means other than electronic means.

25. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:

• Address: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834
• Phone: (800) 952-5210 or (916) 445-1254

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.

• Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
• These Legal Terms operate to the fullest extent permissible by law.
• We may assign any or all of our rights and obligations to others at any time.
• We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of the remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services.

You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute them.

27. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

orders@coolcoolcooltees.com