Last update: September 10, 2020
Please read these provisions of the Terms of Use and the Privacy Policy (found here).
This Terms of Use applies to you, the reader, and Cools & Cools, LLC, dba Lindsey Prompted (“Company”, “we”, “our” or “us”). By visiting or using our Website, web portal or extranet, or the services provided on any Company (“Website”), you agree to these Terms of Use. This Terms of Use incorporates our Privacy Policy by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
Site Use
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.
Changes to Terms of Use
We may change these Terms of Use without advance notice. Please visit this page periodically to see the most current Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms of Use will continue in full force and effect. The Company’s failure to enforce strict performance of any part of these Terms of Use does not waive any of our rights. The Company may assign its rights and duties under these Terms of Use to any party at any time.
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.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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.
Privacy Policy
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Prohibited Uses
You agree not to:
use the Website or its contents for any purpose that is unlawful or prohibited by these Terms of Use;
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.
Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use and Privacy Policy.
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.
The Company’s content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms of Use.
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, legal@lindseyprompted.com. 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.
Submissions
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.
You agree to only post, upload submit, or request, Submissions that are appropriate and related to the purpose of the Website. You represent that you own or control all of the rights necessary to grant the licenses and sublicenses to your Submission as described in these Terms of Use. By posting Submissions that contain images, photographs, pictures or that may otherwise be graphical in whole or in part (“Images”), you represent that each person depicted in any Image, if any, has provided consent to the distribution, public display and reproduction of any Image. You are fully responsible for any damage or harm resulting from your Submissions, and we assume no liability for Submissions posted or submitted by you or other users. You must not post, upload, submit or request:
-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.
Privacy Policy. For information about how we collect, use and share information related to your use of the Website or our services, please refer to our Privacy Policy, which is also incorporated herein by reference.
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.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, and our officers, directors, employees, agents, licensors and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of: (i) your violation of these Terms of Use; (ii) your use of the Website; (iii) any Submissions you supply; or (iv) your violation of any law or the rights of a third party.
Governing Law
These Terms of Use are governed by and will be enforced under the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio as they are applied to agreements entered into and to be performed in Ohio.
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.
Electronic Communications
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.
International Users
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
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
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.
Entire Agreement
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Contact Us
Lindsey Prompted welcomes your questions or comments regarding the Terms of Use. Contact us by email at legal@lindseyprompted.com, or by mail:
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.