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TERMS OF USE
Welcome to CoolToss.com.
CoolToss.com, The Tailgate Crew, LLC
and affiliates provide website features to you subject to the following
conditions.
If you visit or shop at CoolToss.com,
you accept these conditions. Please read them carefully. In addition, when you
use any current or future CoolToss.com service or visit or purchase from any
business affiliated with CoolToss.com, whether or not included in the
CoolToss.com web site, you also will be subject to the guidelines and conditions
applicable to such service or business.
PRIVACY
Please review our
Privacy Notice,
which also governs your visit to CoolToss.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit CoolToss.com or send
e-mails to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
COPYRIGHT
All content included on this site,
such as text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of CoolToss.com or
its content suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property of
CoolToss.com and protected by U.S. and international copyright laws. All
software used on this site is the property of CoolToss.com or its software
suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
CoolToss.com grants you a limited
license to access and make personal use of this site and not to download (other
than page caching) or modify it, or any portion of it, except with express
written consent of CoolToss.com. This license does not include any resale or
commercial use of this site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this site or
its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of CoolToss.com. You
may not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
CoolToss.com without express written consent. You may not use any meta tags or
any other "hidden text" utilizing CoolToss’s name or trademarks without the
express written consent of CoolToss.com. Any unauthorized use terminates the
permission or license granted by CoolToss.com. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
CoolToss.com so long as the link does not portray CoolToss.com, or its products
or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any CoolToss logo or other proprietary graphic or trademark as
part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are
responsible for maintaining the confidentiality of your account and password and
for restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password.
CoolToss.com does sell products for
children, but it sells them to adults, who can purchase with a credit card or
other permitted payment method. If you are under 18, you may use CoolToss.com
only with involvement of a parent or guardian. CoolToss.com reserves the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in their sole discretion.
CoolToss.com reserves the right to
refuse service, terminate accounts, remove or edit content of an order, or
cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS,
AND OTHER CONTENT
Visitors may post reviews, comments,
photos, and other content; send e-cards and other communications; and submit
suggestions, ideas, comments, questions, or other information, so long as the
content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings, or
any form of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or other
content. CoolToss.com reserves the right (but not the obligation) to remove or
edit such content, but does not regularly review posted content.
If you do post content or submit
material, and unless we indicate otherwise, you grant CoolToss.com a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any
media. You grant CoolToss.com and sublicensees the right to use the name that
you submit in connection with such content, if they choose. You represent and
warrant that you own or otherwise control all of the rights to the content that
you post; that the content is accurate; that use of the content you supply does
not violate this policy and will not cause injury to any person or entity; and
that you will indemnify CoolToss.com for all claims resulting from content you
supply. CoolToss.com has the right but not the obligation to monitor and edit or
remove any activity or content. CoolToss.com takes no responsibility and assumes
no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
CoolToss.com respects the
intellectual property of others. If you believe that your work has been copied
in a way that constitutes copyright infringement, please
contact us.
RISK OF LOSS
All items purchased from CoolToss.com
are made pursuant to a shipment contract. This means that the risk of loss and
title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
CoolToss.com attempts to be as
accurate as possible. However, CoolToss.com does not warrant that product
descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by CoolToss.com itself is not as
described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the
List Price displayed for products on our website represents the full retail
price listed on the product itself, suggested by the manufacturer or supplier,
or estimated in accordance with standard industry practice; or the estimated
retail value for a comparably featured item offered elsewhere. The List Price is
a comparative price estimate and may or may not represent the prevailing price
in every area on any particular day. For certain items that are offered as a
set, the List Price may represent the aggregate of the manufacturer's estimated
or suggested retail price for each of the items included in the set.
With respect to items sold by
CoolToss.com, we cannot confirm the price of an item until you order; however,
we do NOT charge your credit card until after your order has entered the
shipping process. Despite our best efforts, a small number of the items in our
catalog may be mispriced. If an item's correct price is higher than our stated
price, we will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies
only to products sold and shipped by CoolToss.com
RETURN POLICY
Your total satisfaction is our goal.
If for any reason you are not completely satisfied with your purchase, you may
return it unused, in new condition and in the original packaging, within 30 days
of receipt for a full refund of the purchase price.
Please remember that all of our
stitching on our Cool Toss bags is guaranteed for 30 days after date of
purchase. All you need to do is return the Cool Toss bag that has bad stitching
and we will ship you a new one within 1 week of receiving it. This guarantee
only covers the stitching not the fabric itself.
All Cool Toss Sales are final after
30 days.
Please note: Shipping charges are not
refundable unless the return is the result of our error.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COOLTOSS.COM
ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
COOLTOSS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, COOLTOSS.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. COOLTOSS.COM DOES NOT WARRANT THAT THIS SITE;
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS;
OR E-MAIL SENT FROM COOLTOSS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. COOLTOSS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE 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,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
APPLICABLE LAW
By visiting CoolToss.com, you agree
that the laws of the state of Texas, without regard to principles of conflict of
laws, will govern these Conditions of Use and any dispute of any sort that might
arise between you and CoolToss.com or its affiliates.
DISPUTES
Any dispute relating in any way to
your visit to CoolToss.com or to products you purchase through CoolToss.com
shall be submitted to confidential arbitration in San Antonio, Texas except
that, to the extent you have in any manner violated or threatened to violate
CoolToss.com’s intellectual property rights, CoolToss.com may seek injunctive or
other appropriate relief in any state or federal court in the state of Texas,
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award shall be binding and
may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND
SEVERABILITY
Please review our other policies
posted on this site. These policies also govern your visit to CoolToss.com. We
reserve the right to make changes to our site, policies, and these Conditions of
Use at any time. If any of these conditions shall be deemed invalid, void, or
for any reason unenforceable, that condition shall be deemed severable and shall
not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
The Tailgate Crew, LLC
24165 1H 10 West
Suite 217-467
San Antonio, TX 78257
www.cooltoss.com
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