Last update: September 10, 2020
You represent that you are at least 18 (or, if you are a Puerto Rico resident, at least 21 or legally emancipated) or that you are using the Website under the supervision of a parent or guardian. We may ask you to provide accurate registration information to create an account in order to use the Website or some of its features or services. If we believe that your information is incorrect or incomplete, we may prevent you from accessing the Website, terminate or suspend your account, or otherwise limit or restrict your use or service. Your use of the Website is limited to non-commercial, personal use only. We may grant you temporary access to the Website and a limited, non-exclusive, revocable and nontransferable license to access and use the information contained within the Website solely for your internal business use only. We may limit the number of times you can visit or log in to the Website within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the Website, or any portion thereof, at any time, without notice.
Website Access and Security. We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree not to:
resell any aspect of the Website or services or products available on it;
bypass or circumvent measures we may use to prevent, interfere, or limit access to the Website;
use the Website to send altered, deceptive or false source-identifying information;
use the Website to intercept, collect or store personal information about other users;
spam other users or take other actions that may affect the operation or enjoyment of the Website by other users;
access, monitor or copy any content or information on the Website using any robot, spider, scraper or other automated means or any manual process;
decompile, disassemble or reverse engineer any of the software or content used in any part of the Website;
send a virus or use any malicious programs or techniques in connection with the Website;
overload or crash the Website; or
engage in excessively high volume data transfers or bandwidth use, including without limitation by hosting a web server, internet relay chat server or any other server via any use of the Website; or
infringe the copyrights or intellectual property rights of the Company or others.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
Trademarks and Service Marks. The Company name(s), Company logos, slogans, trademarks, service marks, designs, icons, graphics, product and service names, and other source identifiers displayed or presented on the Website are registered or unregistered trademarks of the Company, its suppliers or other third parties, and may not be copied, imitated or used, in whole or in part, without prior written permission of the Company or their relevant owners. Nothing contained in this Website may be construed as a grant of a license or right of use of any trademark displayed in this Website without the prior express written permission of the Company or its relevant owner, by implication, estoppel, or otherwise. A reference to any products, services, processes, or other information does not constitute or imply any endorsement, affiliation, sponsorship, approval or recommendation by the Company.
Claims of Copyright Infringement/DMCA Notices
The Company respects the Intellectual Property Rights of others and is committed to complying with U.S. Copyright laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet. If you believe that material available on the Website or residing on our system or network infringes a copyright of yours or a third party for whom you are authorized to act, please notify our Designated Agent by using the procedures described in the DMCA and below. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. Our Designated Agent under the DMCA is Fredric L. Young, 109 North Main Street, Dayton, Ohio 45402, firstname.lastname@example.org. This notice must include the information as provided by the DMCA, 17 U.S.C. § 512(c) (3):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
• Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
-any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that is otherwise objectionable to us in our sole discretion;
-any commercial material or content (including, for example, funding solicitations, advertising, or marketing any good or services);
-any information you are prohibited from transmitting by contract or confidential relationship;
-any material that exploits or harms minors (any person under the age of 18), intentionally or unintentionally, including by exposing minors to content that is inappropriate, providing minors’ personally identifiable information, or seeking to obtain personally identifiable information from minors;
-any material that could harm the Company’s business, reputation, employees, subscribers, facilities, or any person;
-any material that infringes, misuses or violates any copyright, trademark, patent right, trade secret or other proprietary right of anyone, including rights of publicity and privacy;
-content for which you were compensated or granted any consideration by any third party;
-content that references other websites, addresses, email addresses, contact information, or phone numbers;
-content that contains computer viruses, worms, or other potentially damaging computer programs or files.
Links to Third Party Websites and Services
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
Pricing and Information
The Company does not warrant that the content on the Website is accurate, complete, or current. Despite our efforts, items on the Website may be mispriced and product and service descriptions may be inaccurate. The Company reserves the right to correct any inaccuracies or omissions on the Website, to revoke any offer, to cancel your order, and to take any other actions it deems reasonable or necessary to rectify the error, regardless of whether charges have been applied to your account or credit card.
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 may have additional rights. In such states, the Company’s liability is limited to the greatest extent permitted by law.
Limitation of Liability
You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the website at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Arbitration. You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Montgomery County, Ohio, through the American Arbitration Association and its rules and requirements. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
You agree that this electronic document and any other electronic agreement, notice, or other communication that we provide to you meets any legal requirement that such communication be in writing.
The Service is controlled, operated and administered by the Company from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Termination and Access Restriction
No Joint Venture or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Lindsey Prompted 1 Oakwood Avenue #393 Dayton, OH 45409
Lindsey Prompted is a registered trade name of Cools & Cools, LLC.
General Disclaimer for Policies Page
Cools & Cools, LLC, is the owner of this Website. Cools & Cools, LLC, is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within this website.
While the information contained within this website is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and up-to-date.
Although this website may include links providing direct access to other Internet resources, including websites, Cools & Cools, LLC, is not responsible for the accuracy or content of information contained in these sites.
Links from Cools & Cools, LLC, to third-party sites do not constitute an endorsement by Cools & Cools, LLC of the parties or their products and services. The appearance on this website of advertisements and product or service information does not constitute an endorsement by Cools & Cools, LLC, and Cools & Cools, LLC, has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.