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The
internet site located at
www.uShopcooler.net (the
"Site") is operated by
uShopcooler ("uShopcooler")
and is intended for your
personal information and
education. Your use of the
Site is subject to the
following terms and
conditions. By accessing and
browsing the Site, you
accept and agree to be
legally bound by and comply
with these terms and
conditions. If you do not
agree with these terms and
conditions, do not use the
Site.
uShopcooler may, in its sole
discretion, update or revise
these terms and conditions,
in whole or in part, and
such updates or
modifications shall become
effective immediately upon
posting the new terms and
conditions on the Site. Your
continued use of the Site
following the posting of any
changes to these terms and
conditions constitutes your
acceptance thereof.
As used
herein the term "User" means
any person who accesses the
Site.
Proprietary Right
The Site
and all content therein are
protected by copyrights,
trademark rights, patents,
trade secrets, or other
proprietary rights. You may
not store, copy, reproduce,
sell, distribute,
disseminate, transmit,
publicly display, publish,
modify, adapt, edit or
otherwise exploit the Site
or any of its content for
any purpose, by any means or
in any media other than (a)
printing, downloading or
copying limited portions of
the content for your
personal, non-commercial use
ONLY, provided that you must
keep intact all copyright,
trademark and other
proprietary rights notices
contained in or accompanying
such content; and (b) as
expressly authorized by
uShopcooler. The systematic
retrieval of any content to
create or compile, directly
or indirectly, a collection,
compilation, database or
directory without the prior
written permission of
uShopcooler is prohibited.
All rights not expressly
granted herein are reserved
by uShopcooler. Use of any
content for any purpose not
expressly permitted in these
terms and conditions is
prohibited. uShopcooler
reserves the right to add,
modify and/or remove any
content in its sole
discretion. However,
uShopcooler does not have
any responsibility to supply
any corrections, updates or
releases to the content.
Availability of the content
is subject to change without
notice.
uShopcooler Trademarks
"uShopcooler Trademarks"
means all names, marks,
brands, logos, designs,
trade dress and other trade
designations that
uShopcooler uses in
connection with the Site,
including, without
limitation, uShopcooler, the
"uShopcooler" logo, You may
make reference to
uShopcooler Trademarks, but
only if your reference is
truthful. You may not alter
any uShopcooler Trademarks.
You acknowledge
uShopcooler's rights in
uShopcooler Trademarks and
agree that any and all use
of uShopcooler Trademarks
shall inure to the sole
benefit of uShopcooler. You
agree not to incorporate any
uShopcooler Trademarks into
your marks, names, logos,
domain names, links or
designations.
Links
to Third Party Sites
Any links
to third party sites we may
provide on the Site are for
your convenience only.
uShopcooler does not warrant
or guarantee the
availability, completeness,
correctness, accuracy,
usefulness, timeliness or
reliability of, or the
results of your use of or
reliance upon, any
information or material
contained in such third
party sites. You acknowledge
that you access and use such
third party sites solely at
your own risk. Under no
circumstances will
uShopcooler be liable in any
way for any information or
material contained in any
third party sites linked to
or from the Site.
uShopcooler is not
responsible for any errors
or omissions therein, or for
any loss or damage of any
kind incurred as a result of
your use of or reliance upon
any information or material
contained in such third
party sites. All third party
trademarks and service marks
appearing on the Site are
the property of their
respective owners.
Disclaimer of Warranties
ALL
SERVICES AND CONTENT ARE
PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE AT
YOUR SOLE RISK. TO THE
EXTENT PERMITTED BY LAW, THE
SITE, SERVICES AND CONTENT
ARE PROVIDED WITHOUT
WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT
LIMITATION, IMPLIED
WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
uShopcooler DOES NOT WARRANT
OR GUARANTEE THAT ALL
CONTENT IS ACCURATE,
UPDATED, RELIABLE OR
CORRECT; THAT THE SITE,
SERVICES AND/OR CONTENT WILL
BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; OR THAT
ALL CONTENT IS FREE OF
VIRUSES OR OTHER HARMFUL
COMPONENTS. uShopcooler DOES
NOT HAVE ANY
RESPONSIBILITIES TO UPDATE
THE CONTENT OF THIS SITE.
uShopcooler MAKES NO
WARRANTY, EXPRESS OR
IMPLIED, REGARDING THE
SECURITY OF THE SITE,
INCLUDING THE ABILITY OF
UNAUTHORIZED PERSONS TO
ACCESS YOUR PERSONAL
INFORMATION. YOUR USE OF THE
SITE, SERVICE AND/OR CONTENT
IS ENTIRELY AT YOUR SOLE
RISK.
Limitation of Liability
IN NO
EVENT SHALL uShopcooler OR
ANY OF ITS SUBSIDIARIES,
AGENTS, REPRESENTATIVES,
EMPLOYEES, OFFICERS,
DIRECTORS, AFFILIATES,
LICENSEES, SPONSORS,
PARTNERS, SUPPLIERS OR
SUBCONTRACTORS BE LIABLE
UNDER CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY
OR ANY OTHER LEGAL OR
EQUITABLE THEORY, FOR ANY
INDIRECT, INCIDENTAL,
EXEMPLARY, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT
LIMITATION, LOSS OF USE,
LOST PROFITS, LOSS OF DATA
OR INFORMATION OF ANY KIND,
OR LOSS OF BUSINESS GOODWILL
OR OPPORTUNITY) ARISING FROM
OR IN CONNECTION WITH (A)
YOUR USE OF THE SITE, ANY
SERVICE OR CONTENT,
REGARDLESS OF WHETHER OR NOT
uShopcooler OR ANY OF ITS
SUBSIDIARIES, AGENTS,
REPRESENTATIVES, EMPLOYEES,
OFFICERS, DIRECTORS,
AFFILIATES, LICENSEES,
SPONSORS, PARTNERS,
SUPPLIERS OR SUBCONTRACTORS
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR
DAMAGES; (B) THE FAILURE OF
ANY CONNECTION OR
COMMUNICATION SERVICE TO
PROVIDE OR MAINTAIN YOUR
ACCESS TO THE SITE; (C) FOR
ANY INTERRUPTION OR
DISRUPTION OF ACCESS TO THE
SITE OR ANY ERRONEOUS
COMMUNICATION BETWEEN
uShopcooler AND YOU; OR (D)
THE QUALITY, ACCURACY,
TIMELINESS, RELIABILITY,
PERFORMANCE, AVAILABILITY,
DELAYS, OR INTERRUPTIONS IN
THE DELIVERY OF THE SITE,
ANY SERVICE AND/OR CONTENT.
BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO
YOU. YOU ACKNOWLEDGE AND
AGREE THAT, IN ANY EVENT,
uShopcooler AND ITS
SUBCONTRACTORS' TOTAL
LIABILITY TO YOU FOR ANY AND
ALL CLAIMS RELATING TO YOUR
USE OF OR INABILITY TO USE
ANY SERVICE OR CONTENT SHALL
NOT EXCEED THE AMOUNT OF
US$25.00 OR ITS EQUIVALENT.
Indemnification of
uShopcooler
YOU AGREE
TO DEFEND, INDEMNIFY AND
HOLD uShopcooler AND ITS
SUBSIDIARIES, AGENTS,
REPRESENTATIVES, EMPLOYEES,
OFFICERS, DIRECTORS,
AFFILIATES, LICENSEES,
SPONSORS, PARTNERS,
SUPPLIERS AND SUBCONTRACTORS
HARMLESS FROM AND AGAINST
ANY AND ALL CLAIMS, LOSSES,
DAMAGES, LIABILITIES, COSTS
AND EXPENSES (INCLUDING,
WITHOUT LIMITATION,
REASONABLE ATTORNEYS' FEES
AND LEGAL COSTS) ARISING
FROM OR IN CONNECTION WITH
YOUR MISUSE OF THE SITE,
SERVICE OR CONTENT OR WITH
YOUR VIOLATION OF ANY
PROVISION OF THESE TERMS AND
CONDITIONS. uShopcooler
RESERVES THE RIGHT, AT ITS
OWN COST, TO ASSUME THE
EXCLUSIVE DEFENCE AND
CONTROL OF ANY MATTER
OTHERWISE SUBJECT TO
INDEMNIFICATION BY YOU, IN
WHICH EVENT YOU SHALL FULLY
COOPERATE WITH uShopcooler
IN ASSERTING ANY AVAILABLE
DEFENCES.
International Use
uShopcooler makes no
representation or warranty
that the Site or its content
is appropriate or available
for use in locations outside
the United Kingdom.
Accessing the Site from
territories in which such is
illegal or restricted is
prohibited. You agree that
if you choose to access the
Site, from any location
outside the United Kingdom,
you do so on your own
initiative and are solely
responsible for compliance
with local laws.
No
Solicitation or
Recommendation
THE
CONTENT PROVIDED IN THIS
SITE IS INTENDED FOR
INFORMATIONAL PURPOSES ONLY
AND uShopcooler IS NOT
SOLICITING ANY ACTION BASED
UPON SUCH INFORMATION. THE
SITE IS NOT AN OFFER TO BUY
OR SELL OR A SOLICITATION OF
AN OFFER TO BUY
Entire
Agreement
These
terms and conditions contain
the entire understanding
between uShopcooler and you
and supersede all prior
agreements relating to the
subject matter here of. If
any provision herein is
found illegal or
unenforceable, it will be
revised to the extent
necessary to make the
provision legal and
enforceable and will be, as
modified, in full force and
effect. |