THE
FOLLOWING DESCRIBES THE TERMS ON WHICH COOLERADS OFFERS YOU ACCESS TO OUR WEB
SITE AND SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OUR WEB SITE
AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
Welcome to
CoolerAds. CoolerAds uses a Patent Pending business process and innovative
technology to bring to you a new and exciting way to buy and sell within
"Your Local Marketplace." You can Buy, Sell, Rent, Connect and have
fun all within your Local Community. Our service is based upon trust, and this
User Agreement (the "Agreement") helps to promote trust between you and other
members of the CoolerAds community.
When accessing
the pages or the information contained on the CoolerAds web site, http://www.CoolerAds.com/
("the Site" or "our Site"), or by using the CoolerAds
services (the "Services") in any manner, you must adhere to the terms of this
Agreement. When using particular CoolerAds Services, you may also be subject to
additional guidelines or rules which we may post from time to time. In
addition, if you arrive at our Site through any of our partners' or affiliate
web sites, you may also be subject to the terms and conditions of that web
site. All such guidelines and rules are hereby incorporated by reference into
this Agreement. If you do not agree to the terms of this Agreement, please exit
the Site immediately, and cease all use of our Services.
You may review
a current version of this Agreement at any time by clicking on the User
Agreement link at the bottom of any page of the Site.
- Modifications of Terms: We reserve the right to make
changes to this Agreement, or the guidelines or rules incorporated herein,
at any time, and will notify you of any such changes by posting a notice
on the General Announcements section of the Community page of the Site
(our "Announcement Board"). In addition, we may notify you directly (via
email) of such changes. Your continued use of our Site will signify your
acceptance of any revised terms to this Agreement. Therefore, you should
regularly visit this page to make yourself familiar with our current
Agreement. This Agreement may not otherwise be amended, except in writing,
by both you and CoolerAds. Unless otherwise stated, all amended terms to
this Agreement shall be effective immediately once notice of those changes
is posted on our Announcement Board. We last updated this Agreement on
Mar 23, 2004.
- Membership / Access
Eligibility:
Our Services are available only to, and may be used only by, individuals
who can form legally binding contracts under applicable law. Without
limiting the foregoing, our Services are not available to children
(persons under the age of 18) unless their use of our Services is in
conjunction with and under the supervision of a parent or legal guardian.
Further, our Services are not available to any person whose CoolerAds
membership has been suspended (temporarily or indefinitely) or permanently
terminated. If you do not qualify, please do not use our Site.
If you are using the Site or our Services on
behalf of a business entity, you represent that you have the authority to bind
the entity to this Agreement.
You agree that CoolerAds may, under certain
circumstances and without prior notice, immediately terminate Your Account, and
your access to our Services. Cause for termination shall include, but not be
limited to, (a) breach of this Agreement or other guidelines or rules
incorporated herein, (b) request by law enforcement or other government agencies,
(c) request by you, (d) discontinuance or material modification to our Services
(or any part thereof), (e) unexpected technical or security issues or problems,
and (f) extended periods of inactivity. You agree that any termination shall be
at CoolerAds's sole discretion, and that CoolerAds shall not be liable to you or
any third-party for any termination of Your Account or your access to our
Services.
- Registration / Your Account: You may browse the Site for
free and without registering. However, you must register as a member
("Registration") to post an ad on our Site. During Registration
you will be asked to create an account consisting of a Member ID and
Password ("Your Account") to identify yourself in future visits
to the Site. You will be asked to provide information such as your name,
address, telephone number, email address, city, state and zip code. All of
the information that you provide during Registration is collected
according to the terms of our Privacy Policy (http://www.coolerads.com/content/1/Privacy-Policy).
It is YOUR responsibility to maintain the confidentiality of your Member
ID and Password and you agree to accept responsibility for all activities
that occur under Your Account. You may not transfer, assign or sell Your
Account (including rating and feedback) to any third party.
PLEASE NOTE: You must provide accurate and
current information to us. If you provide any information that is false,
misleading, inaccurate, not current or incomplete during Registration or
otherwise, CoolerAds may suspend (temporarily or indefinitely) or
permanently terminate Your Account and refuse any and all current or
future use of the Site and our Services (or any portion thereof). Without
limiting any other remedies, CoolerAds has the right to suspend
(temporarily or indefinitely) or permanently terminate Your Account if we
suspect that you have engaged in any fraudulent activity through the Site.
- Ownership of Data: CoolerAds takes privacy seriously and your personal information is never shared with third parties.
If you registered for the CoolerAds service through a co-brand web site, then your information may be shared
with that co-brand partner for audit purposes. Co-brand partners may contact you in regards to their services,
subject to the terms and conditions of their company's privacy policies and user agreement.
We reserve the right to change, suspend or discontinue the fees due for
our Services at any time in our sole discretion. Temporary changes to our
fees (for example, discounts or free promotional offers) will be effective
when we post information about such promotional events on our Site.
- CoolerAds is Only a Venue: Our Site acts as an open
marketplace for users to buy, sell, rent and negotiate the purchase and
sale of goods and services with other users. CoolerAds provides only a
service and is not involved in any transaction between buyers and sellers
who use our Site and Services and does not handle any goods physically. Based on
same basic online verification, CoolerAds may identify some accounts as verified or
unverified; however, we do not confirm the identity of our users, nor the accuracy of any listings
posted on the Site. As a result, CoolerAds does not guarantee or endorse
the authenticity, quality, safety, or legality of any items offered or
sold, the truth or accuracy of any listings, or the ability of sellers to
sell items or of buyers to buy items. We cannot assure that all
transactions will be completed. Additionally, CoolerAds does not guarantee
the ability or intent of users to fulfill their obligations in any
transactions. You are solely responsible for assessing the truthfulness of
any buyer or seller with whom you deal, and for evaluating the accuracy of
any listing posted on the Site.? You agree that CoolerAds has no liability
for any misrepresentation, incomplete statement or failure to disclose by
any user, or for any claims arising from a transaction initiated through
the Site.
- Safe Trading: Because user authentication on
the Internet is difficult, CoolerAds cannot and does not confirm each
user's purported identity. We therefore encourage you to take all steps
you believe are appropriate (including, where possible, meeting in person)
to confirm the accuracy of any listing posted on the Site, and the
identify of any buyer or seller with whom you deal. In addition, we have
established a system to assemble feedback from other users (again, not
screened or confirmed by us) to help you evaluate the buyer or seller with
whom you are dealing.
- Selling / Posting: You must have the legal
authority to sell, rent or provide the goods and services that you are
listing on our Site. You must accurately describe your item and all terms
of transaction in your listing. If another user buys your item (accepts
your offer), you are legally obligated to complete the transaction unless
(i) the transaction is prohibited by law or this Agreement, (ii) the buyer
materially modifies the terms and conditions of his or her offer, or (iii)
a typographical error exists in the listing information which materially
affects the terms of sale. You are also responsible for payment of all
CoolerAds fees. Any listed item which is an imitation, replica, or
facsimile must use the terms "imitation" or "replica"
in both the title and description of the listing. Your listing title and
description should never confuse buyers as to the authenticity of the
item. In addition, if your item is pictured with a trademarked logo, it
must be produced by that company. Images of authentic items are not
permitted when selling replicas. Your pictures must be of the item you are
selling. In short, be up front about the nature of the goods you are
selling, and make sure your listing title is not confusing to buyers.
- Buyer Contacting a Seller or Poster: As a potential buyer, you agree to
contact the seller or poster on
CoolerAds only if you are interested in the posting. You agree not to
contact the poster for any other reason including to conduct any spam or fraudulent activity.
In order to maintain a consistent user experience, CoolerAds prohibits the inclusion of offsite
web URLs and email addresses in postings on CoolerAds.com, including in postings and
the CoolerAds community boards.
- Feedback: CoolerAds offers a system to
collect feedback from users regarding their transactions with one another,
and to make that feedback available to future buyers and sellers with whom
those users may deal. CoolerAds does not screen or otherwise review the
truthfulness or accuracy of any user feedback. You may not take any action
that may undermine the integrity of the feedback system. We may limit the
number of transactions and listings you may place on the Site, or may
suspend or terminate Your Account, based upon negative feedback you have
received.
- User Information: "User Information"
is defined as any and all information or data you provide to CoolerAds or
other users during the Registration, post, sale, buy or any other process,
and through any interactive feature of the system, including email. You
represent and warrant that your User Information (i) is not false,
inaccurate, incomplete or misleading; (ii) is not fraudulent and does not
involve the sale of illegal, counterfeit or stolen items; (iii) does not
infringe any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy; (iv) does not
violate any law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); (v) is not
defamatory, libelous, unlawfully threatening or unlawfully harassing; (vi)
is not obscene and does not contain child pornography; (vii) does not
contain any viruses, Trojan horses, worms, time bombs, bots or other
computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data
or personal information; (viii) does not create liability for CoolerAds nor
cause CoolerAds to lose (in whole or in part) the services of our ISPs or
other suppliers; and (ix) does not link directly or indirectly to another
web site. Furthermore, you may not list any item on our Site (or
consummate any transaction that was initiated using our Service) that, by
paying to us a listing or other type of transaction fee pursuant to our
Fee Policy, could cause us to violate any applicable law, statute,
ordinance or regulation, or that violates our current listing restrictions.
You agree not to make use of any other user's User Information other than
as necessary to complete any transactions in which you and that user are
involved.
- Limited License: You agree to grant and hereby
do grant CoolerAds a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicenseable (through multiple tiers) right and license to
exercise all copyright, publicity and database rights you have, in any
existing or future media, known or unknown, in your User Information,
provided, however, that CoolerAds will at all times comply with its Privacy
Policy (http://www.coolerads.com/content/1/Privacy-Policy).
- Use Restrictions: Our Site and Services may be
used only for lawful purposes. You may not use the Site or our Services to
transmit, post, distribute or store any material or conduct any activities
in violation of any applicable local, state, provincial, federal or
foreign law or regulation. This includes without limitation any
unauthorized use or distribution of material protected by patent,
copyright, trademark or other intellectual property right, or the sale or
distribution of material that is obscene, defamatory or libelous,
constitutes an illegal threat, violates rights of privacy or publicity or
violates export control laws. You agree to comply with any applicable
laws, statutes, ordinances and regulations in your use of the Site and our
Services. You agree not to use the Site or our Services in any manner that
violates, or proposes a transaction which, if consummated, would violate
any law, statute, ordinance or regulation, expose CoolerAds to civil or
criminal liability, or violate this Agreement. You agree that you are
solely responsible for obtaining all necessary licenses and permissions necessary
for your transactions and for verifying that other Site users with whom
you transact do the same. You agree that you will not use any information
gained from the Site or our Services, including without limitation
information you learn about any buyer, seller or other users, for any
purpose not necessary to complete transactions on our Site.
- Listing Restrictions: CoolerAds prohibits the listing
or sale of any item that is illegal to sell under any applicable law,
statute, ordinance, or regulation. It is your responsibility to sell only
legal goods and services and you must make sure that what you list for
sale on the Site is legal and conforms to all the legal requirements of
your local, state, provincial, federal or foreign law and regulations. Items
prohibited or restricted for posting on CoolerAds.com include but are not
limited to:
- Academic, Beta or OEM Software
- Copyright or Trademark-Sensitive Goods
- Counterfeit or Knock-Off Goods (including currency
& stamps)
- Fireworks, Explosives, & Hazardous Materials
- Gambling Items
- Goods Made From Protected Animal/Plant Species
- Government IDs
- Hacking/Surveillance/Interception/Descrambling
Equipment
- Human Parts, Bodily Fluids & Human Remains
- Illegal Drugs, Drug Paraphernalia, Steroids, &
Other Controlled Substances
- Individual Contracts or Non-Transferable Items
- Items Subject to Embargo
- Offensive Material (items that promote hatred,
violence, racism, or intolerance)
- Police-Related Items
- Prescription/OTC Drugs & Medical Devices
- Recalled Items
- Stocks, Bonds & Securities
- Stolen Property or Items Used For Theft
- Weapons & Ammunition
- The sale of alcohol to persons not of lawful age
- The sale of tobacco products to persons not of lawful
age
CoolerAds prohibits the listing of any adult-oriented products or services, or listings which solicit directly or indirectly sexually-oriented services, or sexually-explicit content.
- Content Policy: You agree not to post any
Offensive Content on the Site or post any links or URL's (web addresses)
to sites containing Offensive Content. "Offensive Content"
includes, without limitation, words, images, sounds or other content
which: (i) is profane, obscene or involves child pornography; (ii)
denigrates a class of people because of their race, religion, country of
origin, sexual orientation or gender; (iii) depicts violent or criminal
acts, perpetrators or victims of violence or crime, or seeks to incite
violence or crime; (iv) relates or pertains to any "hate group,"
i.e., groups that are organized in part to promote the oppression of or
assert the supremacy of any class of people; or (v) contains defamatory or
libelous statements or unlawfully disparaging remarks or threats.
- Screening: CoolerAds may employ automated
filters and/or manual reviews to screen listings and content, either
before those listings and/or content are posted on the Site or at any time
thereafter. In the event that CoolerAds, in its sole discretion, determines
that any listing offers for sale any illegal item or service, that any
content is Offensive Content, or that any listing or content is otherwise
objectionable, CoolerAds may refuse to post such listing or content, or may
remove such listing or content from the Site. Further, CoolerAds may
suspend (temporarily or indefinitely) or permanently terminate Your
Account due to improper listings or posts.
- Intellectual Property and
Rights of Publicity: You agree not to use the Site in any manner which
violates, or proposes a transaction which, if consummated, would violate
the trademark, copyright, patent, trade secret, trade dress, publicity or
privacy rights or other proprietary rights of CoolerAds or any third party.
You agree not to link to any third party's web site or file on that web
site without that party's permission. You agree that you will not use any
automatic or manual process to monitor or copy any portion of the Site
without CoolerAds's prior written permission.
- Notice and Procedure for Making
Claims of Infringement: If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide CoolerAds's Copyright
Agent the following information:
1. an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where the material that you claim is infringing is
located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
CoolerAds's Copyright Agent for notice of copyright or other intellectual
property infringement can be reached as follows:
By mail:
Copyright Agent
c/o CoolerAds, LLC.
1 Old Wolfe Rd.
Budd Lake, New Jersey 07828
By phone: (908) 698-4357
By fax:
- Breach: Without limiting other
remedies, we may limit your activity, immediately remove your listings,
bids and/or posts, warn our community or specific users within our
community of your actions, temporarily suspend, indefinitely suspend or
terminate Your Account and refuse to provide our Services to you if: (a)
you breach this Agreement or the guidelines or rules it incorporates by
reference; (b) we are unable to verify or authenticate any information you
provide to us; or (c) we believe that your actions may cause financial
loss or legal liability for you, our users or CoolerAds.
- Release: You agree that CoolerAds is not
a party to any negotiations or transactions between the buyers and sellers
who use its Site. In the event that you have a dispute with one or more
users arising from any communications, negotiations, transactions, or
other activities conducted or initiated through the Site or our Services,
you release CoolerAds and (as applicable) its officers, directors,
employees, agents, parents, subsidiaries, partners and affiliates from
claims, demands, and damages (actual and consequential) of every kind and
nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes. If
you are a California resident, you waive California Civil Code Section
1542, which says: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time of
executing this release, which if known by him must have materially
affected his settlement with the debtor."
- DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF THE SITE
AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE
PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT
WARRANTY OR CONDITION OF ANY KIND. COOLERADS EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR
ENJOYMENT OF THE SITE OR SERVICES. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply to you.
COOLERADS MAKES NO WARRANTY THAT THE SITE OR OUR SERVICES WILL SATISFY YOUR
REQUIREMENTS, OR THAT THE AVAILABILITY OF THE SITE OR OUR SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES
COOLERADS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED FROM THE SITE OR OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR
GOODS OR SERVICES THROUGH THE SITE OR OUR SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM COOLERADS OR THROUGH OR FROM THE SITE OR OUR
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- LIMITATION OF LIABILITY: IN NO EVENT SHALL COOLERADS OR
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES,
PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
(HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I)
OUR SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OR LOSS OF DATA,
INFORMATION OR MESSAGES TRANSMITTED THROUGH THE SITE OR OUR SERVICES,
(III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR OUR SERVICES,
OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR
INFORMATION, EVEN IF COOLERADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COOLERADS BE LIABLE FOR
ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY
THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE OR
OUR SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS
JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
IN NO EVENT SHALL COOLERADS'S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR
ANY DAMAGE, LOSS, OR CAUSE OF ACTION EXCEED THE LESSER OF (I) THE DOLLAR
VALUE OF THE ACTUAL LOSS OR (II) ONE HUNDRED DOLLARS ($100). Some
jurisdictions do not allow the limitation or exclusion of warranties or of
liability for incidental or consequential damages so some of the foregoing
above may not apply to you.
- Indemnity: You agree to defend, indemnify
and hold CoolerAds and (as applicable) its officers, directors, employees,
agents, parents, subsidiaries, partners and affiliates harmless from and
against any and all claims made by or liabilities to any third party
resulting from any activities conducted under Your Account, your use or
misuse of the Site or our Services, including, but not limited to, posting
content on the Site, entering into transactions with other Site users,
contacting others as a result of their posting(s) on the Site, infringing
a third party's intellectual property or other rights, failing to deliver
goods or payment to other Site users or otherwise arising out of your
breach of this Agreement.
- Notice: Any notices given pursuant to
this Agreement that are directed to CoolerAds shall be given by postal mail
to: CoolerAds, LLC., 1 Old Wolfe Rd., Budd Lake, New Jersey 07828,
Attn: Legal. Any notice from CoolerAds that is directed to you shall be
delivered to the mailing address or email address you provided us at the
time of Registration, or as you may update that information from time to
time. Notice shall be deemed given twenty four (24) hours after email is
sent or, in the case of notice sent via postal mail, three (3) business
days after the date of mailing.
- Language: It is the express intent of
the parties that this Agreement and any related documents be drawn up and
executed in the English language.
- General: This Agreement shall be
governed by and construed in accordance with the laws of the State of
New Jersey, without regard to its conflict of laws principles, as if formed
by and between New Jersey residents. The United Nations Convention on
Contracts for the International Sale of Goods shall not apply to this
Agreement. You and CoolerAds agree to submit to the personal and exclusive
jurisdiction of the courts located within the County of Morris,
New Jersey. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of any section of
this Agreement. If any part of this Agreement is deemed invalid or void,
that part of the Agreement shall be deemed severable and shall not affect
the validity or enforceability of any of the remaining conditions.
CoolerAds's failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar breaches.
You and CoolerAds are independent contractors. No agency, partnership,
joint venture, employer-employee or franchiser-franchisee relationship is
intended or created by this Agreement. You agree that, except as expressly
provided herein, there shall be no third party beneficiaries to this
Agreement. Sections 4 (Fees and Charges), 11 (Limited License), 17 (Notice
and Procedure for Making Claims of Infringement), 19 (Release), 20
(Disclaimer of Warranties), 21 (Limitation of Liability), 22 (Indemnity),
23 (Notice) and 25 (General) shall survive any expiration or termination
of this Agreement.
- Additional Terms: The following policies are
incorporated herein by reference:
In addition, other rules and guidelines posted
throughout the Site may govern your activities and use of our Services.
CoolerAds, LLC.
1 Old Wolfe Rd.
Budd Lake, New Jersey 07828
(908) 698-4357
http://www.CoolerAds.com
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