Please read the following terms and conditions ("Terms") carefully, as they will govern your access and use of the Website. If you do not agree the Terms, please exit the Website immediately. Otherwise, your access and use of the Website will be deemed acceptance of the Terms.
- Authorized Users
Children under the age of 13 may not use this Website, and use of this Website is not intended for use by minors older than 13 without parental consent. If you are not legally an adult in the place in which you reside, you must obtain permission of your parent or guardian before accessing and using the Website.
- Limited License
Provided that you accept and comply with these Terms, Coldwater grants you a limited license to access and use of the Website for your personal use or, as appropriate, authorized business reasons. However, this permission does not include the right to download, reproduce, modify or link to any portion of the Website Content. For purposes of these Terms, "Website Content" means any text, graphics, audio, video, data, interactive features and/or other content published on the Website or any page of the Website.
Unless indicated otherwise, Coldwater client owns and/or has obtained the right to license all Website Content to you for the uses permitted by these Terms. Website Content is protected by U.S. and foreign law to the fullest extent possible, and any unauthorized use of the Website Content is unlawful under copyright, trademark and other laws.
Except as expressly permitted under these Terms, you may not store, distribute, display, sell or otherwise exploit the Website Content. You may occasionally print one copy of a page of the Website for personal, non-commercial use, but you may not make multiple copies for distribution to others.
Any violation of these Terms – including unauthorized use of the Website Content – will immediately terminate the license granted by Coldwater to access and use the Website and may subject you to legal action.
If you would like to use the Website or the Website Content in a way that exceeds the scope of this license, please contact us for permission.
- User-Submitted Content
This Website may provide an opportunity for you to submit your own content, including but not limited to customer feedback ("User Content"). All of your communications with Coldwater through personal accounts or otherwise, as well as any attachments to those communications or otherwise submitted to us (such as documents, photographs and videos) are User Content.
In order to submit User Content, you may be required to create an account and provide us with certain personal information, such as your name, email address, telephone number, home/business address, and the like. To the extent that you disclose personal information, our use of that information will be governed by our Privacy Policy, which is incorporated into these Terms by reference. Other means of communication do not require that you create an account, such as using the Contact Us page.
By submitting User Content to the Website, you grant Coldwater a perpetual, non-exclusive license to use, reproduce, distribute, display, modify, create derivative works of, and sublicense the User Content in any way, including but not limited to reposting that User Content on the Website. This license extends to your name and your Website username and profile information (if applicable).
Coldwater has the right, but not the obligation, to review, refuse to display, or remove any User Content for any reason, at Coldwater's sole discretion.
- Copyright Complaints
Coldwater respects the intellectual property of others and expects Website users to do the same. Coldwater may, in appropriate circumstances and in its sole discretion, terminate the rights of any Website user who infringes the intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact Coldwater and include the following information:
- a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
- your name, mailing address, telephone number and email address;
- a statement by you that you have 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; and
- a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Coldwater a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement: info@coldwatertech.com, (469) 574-9914, 3100 Independence Pkwy, Suite 311, MD 419, Plano, TX 75075.
- Accounts & Communication
To the extent you create an account to access portions of the Website or submit User Content, you will use your account for your internal use only. In creating an account, you may not impersonate someone else, create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
By disclosing your email address and/or mobile telephone number to create an account, you agree that Coldwater may contact you for the purpose of advising you of changes or additions to the Website, about any of Coldwater's products or services, or for such other purpose(s) as Coldwater deems appropriate. You may opt out of these communications at any time by following the unsubscribe instructions provided in the communication.
You are solely responsible for maintaining the confidentiality of your account information (i.e., user ID, password and/or challenge questions). You are also responsible for all activities that occur in connection with your account, irrespective of whether you personally engage in such activities. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
- Prohibited Activities
You may not use this Website to stalk or otherwise harass another Website user or employee of Coldwater; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with Coldwater or any other person or entity; harm minors in any way, or solicit or otherwise attempt to gain any information from a minor; solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or access or attempt to access another user’s account without his or her consent.
You may not reverse engineer, decompile, data mine, record, "scrape," link to, collect information or otherwise manipulate content from any portion of the Website.
You may not submit any User Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity.
You may not submit User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our Coldwater's sole discretion).
You may not submit User Content that constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation.
You may not submit User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Indemnification
By agreeing to these Terms and using the Website, you agree to indemnify and hold harmless Coldwater, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them from and against any claim or demand made by any third party, including all costs, liabilities and legal fees, due to or arising out of (i) your access to or use of the Website; (ii) your violation of these Terms; (iii) claims for libel, slander or any property damage, personal injury or death; (iv) the use, failure to use, or inability to use the Website or any products or services available through the Website, caused directly or indirectly by you; (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; and/or (vi) violations of any local, state or federal law.
Coldwater reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Coldwater, and you agree to cooperate with Coldwater's defense of these claims. You agree not to settle any matter without Coldwater's prior written consent. Coldwater will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it, but no failure or delay of Coldwater to notify you will waive Coldwater's right to indemnification.
- Disclaimer of Warranties; Limitation of Liability
The products, offerings, content and materials on this website are provided "as is" and without warranties of any kind, either express or implied. Coldwater disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, compatibility, security, accuracy or non-infringement.
Neither coldwater, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.
Any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.
Neither coldwater, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in this website in terms of their correctness, accuracy, reliability, or otherwise.
You expressly understand and agree that coldwater and our affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use this website; (b) the use of any content or other material on this website or any website or websites linked to this website, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website; or (f) any other matter relating to our website. In no event shall our total liability to you for all damages, losses, and causes of action – whether in contract, tort (including, but not limited to, negligence), or otherwise – exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months.
If you are dissatisfied with any portion of our website, or with any of these terms & conditions, your sole and exclusive remedy is the discontinuation of your use of this website. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
- Termination
Coldwater may terminate or suspend your account or ability to use the Website, in whole or in part, at Coldwater's sole discretion, without notice or liability of any kind.
You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the Website. In the event of any termination, whether by you or Coldwater, your obligation to indemnify Coldwater as stated in these Terms will continue in full force and effect.
- Choice of Law and Forum
These Terms and the relationship between you and Coldwater shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Unless expressly waived by Coldwater, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Dallas County, Texas. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim of action arose or be forever barred. In the event of any action to enforce or interpret these Terms, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
- Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and Coldwater relating to the subject matter herein and supersede any prior agreements between you and Coldwater.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Coldwater in any respect whatsoever.
Coldwater may assign its rights and obligations under these Terms, and these Terms & Conditions will inure to the benefit of our successors, assigns and licensees.
The failure of Coldwater to insist upon or enforce the strict performance with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of Coldwater's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
These Terms may be modified by our posting of changes to these Terms on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
EFFECTIVE DATE: July 24, 2013