Terms and Conditions of Use

Last Updated:  11 December 2021 

THESE COOL AMPS CORP. TERMS AND CONDITIONS OF USE (the “Terms of Use”) are a binding agreement between you (“you”, “your”, “I”, or “MEMBER”) and Cool Amps Corp., (“we”, “us”, “our” or, “COMPANY”) and govern MEMBER’s use of Cool Amps Corp. services provided through the Cool Amps website, and any related communication methods (collectively, the “Service”).

 Read these terms and the privacy policy, carefully before using the service. Please note: these terms contain a mandatory arbitration clause and a class action waiver. By binding yourself to these terms and using our services hereunder, you expressly waive your right to bring claims outside of arbitration, claims for non-individualized relief (including participating in a class action) and to trial by jury. If a member does not agree to these terms of use, members may not access or otherwise use the service.

UTILITY OF COOL AMPS CORP. SERVICES

Cool Amps Corp. reserves the right to modify this policy at any time, and without prior notice, by posting an amended Privacy Policy that is always accessible by clicking on the “Terms & Conditions” link on this site’s home page. Your continued use of this site indicates your acceptance of the amended Policy. You should check the Terms & Conditions  through this link periodically for modifications by clicking on the link provided near the bottom of the website for a listing of material modifications and their effective dates.

I. WHAT MEMBERS CANNOT EXPECT FROM THE SERVICES

a. MEMBER cannot expect absolute certainty that the Services will prevent dangerous situations arising from the use of 3rd party chemical battery technology.

b. COMPANY is not responsible in any way for the safety of MEMBERS or non-members.

c. MEMBERS residing outside of North America may experience increased latency issues with the use of the Services.

II. SERVICE DESCRIPTION; GRANT OF LIMITED LICENSE USAGE RIGHTS; OWNERSHIP OF SERVICE

a. All services provided or access to the Service is licensed hereunder by COMPANY to the MEMBER solely to enable use of and access to the Service. Subject to MEMBER’s full and continued compliance with these Terms & Conditions, COMPANY grants MEMBER a non-exclusive, nontransferable, non-sublicensable, revocable, limited license to use the Service for the license term as agreed upon by MEMBER. COMPANY may, in its sole discretion, change the functions and capabilities of the Service at any time.

b. MEMBER acknowledges and agrees that COMPANY retains all rights, title, and interests (including without limitation patent rights, copyright rights, trademark rights, and other intellectual property and proprietary rights) in and to the Service and related documentation and computer code, including, without limitation, all copies, modifications, translations and other derivative works that duplicate or are based on the Service or components thereof. MEMBER acknowledges that the Service is proprietary to COMPANY and COMPANY reserves all rights not expressly granted herein and no other rights and licenses are granted or deemed to be granted hereunder. By using the Service, MEMBER expressly agrees to these Terms & Conditions. 

III. LIMITED WARRANTY & OTHER PRECAUTIONS

a. COMPANY is committed to servicing our MEMBERS in a manner consistent with general industry standards. COMPANY will endeavor in good faith to live up to the full potential of our Services as described in these Terms of Use.

b. The Service is not failsafe. COMPANY cannot guarantee that technical solutions will satisfy all MEMBER requirements.  COMPANY’S products and services (including the Service) depend upon 3rd party products and services for operation.  COMPANY is not liable for any failures impacting MEMBER. 

c. MEMBER acknowledges that the provision of certain aspects of the services may be restricted or prohibited by local authorities, including, for example, county and state stipulations. COMPANY maintains sole authority to refuse to provide or modify any portion of the services in its sole discretion.  MEMBER agrees to comply with all such restrictions. 

IV. MEMBER CONTENT; MEMBER RESPONSIBILITIES; MEMBER REPRESENTATIONS AND WARRANTIES; RESTRICTIONS ON USE, PROHIBITED USES

a. MEMBER is responsible for all of MEMBER’s activity in connection with the Service.

b. MEMBER is responsible for obtaining all insurance coverage that MEMBER believes is necessary to protect MEMBER (including any family MEMBERS or dependents), and MEMBER’s residence, belongings or business, including coverage for personal injury and property damage.  Any payments you make to the company are not related to the value of the member, member’s life, member’s possessions, member’s residence(s) or the persons occupying member’s residence(s).  

c. Under these terms of use.  MEMBER hereby releases COMPANY from any liability for any event or condition customarily covered by homeowner’s, life, disability or business insurance, as applicable. MEMBER acknowledges that COMPANY’S products and services are designed to reduce, but not eliminate, certain risks. COMPANY does not guarantee that its services or products will prevent injury, loss, or damage to person or property, and COMPANY assumes no liability for those risks.

d. As part of the Services, MEMBER may receive communications through the Services, including messages that COMPANY sends MEMBER (for example, via SMS). By signing up for the services, you agree to receive communications from COMPANY, and you represent and warrant that by providing a wireless phone number to COMPANY, you consent to receive communications from COMPANY. In addition to any fee of which MEMBER is notified, MEMBER’S mobile provider’s standard messaging rates may apply to confirmation SMS, MMS or other text messages (each a “Text Message”) and all subsequent Text Message correspondence. Message and data rates may apply, according to MEMBER’S individual rate plan provided by MEMBER’S wireless carrier. Under no circumstances will COMPANY or its affiliates be responsible for any text messaging or wireless charges incurred by MEMBER or by a person that has access to MEMBER’S wireless device or telephone number. If MEMBER’S carrier does not permit text alerts, MEMBER may not receive the Text Messages from COMPANY. Text Message services are provided on an AS IS basis.

e. Anything MEMBER posts, uploads, shares, stores, or otherwise provides through the Service is MEMBER’S “User Content.” Any User Content posted or transmitted through the Service is the sole responsibility of the person from whom such content originated, and MEMBER accesses all such information and content at MEMBER’S own risk. MEMBER is responsible for all User Content MEMBER contributes, in any manner, to the Service, and MEMBER represents and warrants that MEMBER has all rights necessary to do so, in the manner in which MEMBER contributes to it. MEMBER shall not post any User Content in violation of copyright law. If you are a copyright owner and you believe User Content has been posted in violation of your rights, please contact COMPANY at SUPPORT@COOLAMPS.TECH to request that the infringing User Content be removed. MEMBER will keep all registration information accurate and current. MEMBER is responsible for all its activity in connection with the Service.

f. If MEMBER provides COMPANY (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (“Feedback”), MEMBER grants COMPANY the licenses above to such Feedback.

g. COMPANY reserves the right to remove any User Content from the Service at any time, for any reason or for no reason at all. MEMBER, not COMPANY, remains solely responsible for all content that MEMBER uploads, posts, emails, transmits, or otherwise disseminates using, or in connection with, the Service, and MEMBER warrants that MEMBER possesses all rights necessary to provide such content to COMPANY and to grant COMPANY the rights to use such information in connection with the Service and as otherwise provided herein.

h. MEMBER may not: (a) use the Services for the benefit of a third-party who is not a MEMBER except as necessary to directly benefit MEMBER; (b) post or transmit through the Service, or cause to be posted or transmitted through the Service, any communication or solicitation designed or intended to obtain password, account, or private information from any person; (c) use the Service to violate the security of any computer network, crack passwords or security encryption codes; (d) run Maillist, Listserv, any form of auto-responder, or “spam” on the Service, or any processes that run or are activated while MEMBER is not logged on to the Service, or that otherwise interfere with the proper working of or place an unreasonable load on the Service’s infrastructure; (e) use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Service; or (f) engage in any messaging or telephone calling through the Service in violation of any relevant laws or regulations (which may include and are not limited to, the Telephone Consumer Protection Act and the Do Not Call provisions of the Telemarketing Sales Rule).

i. MEMBER represents, warrants and agrees that (a) MEMBER will access the Service solely for his or her individual, personal purposes; (b) MEMBER’s Service account will not be transferred to, or used on behalf of, another party or entity; (c) MEMBER will not remove any copyright, proprietary rights or other notice included in or on any portion of the Service, computer code or documentation; (d) MEMBER will not distribute, transmit, display, disclose, divulge, reveal, report, publish or transfer the Service to any third party or reproduce or create derivative works based upon the Service or any portion thereof; and (e) neither MEMBER nor anyone else will attempt to reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to discover the source code of the Service.

j. MEMBER represents, warrants and agrees that MEMBER will not use the Service in a manner that (a) infringes or violates the intellectual property rights or proprietary rights (including but not limited to copyright and trademark rights), rights of publicity or privacy, or other rights of any third party; (b) violates any law, statute, ordinance or regulation; (c) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, false, obscene, libelous, or otherwise objectionable; (d) involves commercial activities and/or sales without COMPANY’S prior written consent, including without limitation contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including without limitation any employee or representative of COMPANY; or (f) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.

k. MEMBER cannot transfer or assign these Terms & Conditions without COMPANY’S express written consent. However, COMPANY may assign or transfer these Terms of Use or subcontract its obligations hereunder at any time without MEMBER’s consent. If COMPANY assigns, transfers or subcontracts its obligations pursuant to these Terms of Use, the assignee, transferee, and/or subcontractor shall have all of COMPANY’s rights articulated hereunder. COMPANY is not responsible for the products or services of any third-party, including any assignee, transferee, or subcontractor.

l. The Service may contain links or connections to third party websites or services that are not owned or controlled by COMPANY. When MEMBER accesses third party websites or use third party services, it accepts that there are risks in doing so. COMPANY encourages MEMBERS to be aware when they leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that they visit or utilize.

m. COMPANY may monitor User Content to ensure Services are properly functioning and reserves the right to delete or disable User Content at any time and for any reason.

V. PAYMENT TERMS

a. Paid Services. Certain aspects of the SERVICE may be offered for a fee now or in the future (the “Paid Services”).  Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms & Conditions.

b. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Use. We are not responsible for errors made by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

d. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., Monthly or annually) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, send us an email at SUPPORT@COOLAMPS.TECH.

e. Current information required. You must provide current, complete and accurate information for your billing account including a current e-mail address. You acknowledge that if you do not provide a current e-mail address, we or the payment processor may not be able to send you billing receipts. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., For loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password.  If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.

f. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

g. Reaffirmation of Authorization. Your non-termination or continued use of Services reaffirms that we are authorized to charge your Payment Method for that Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Service.

VI. TERMINATION

a. MEMBER may stop using the Paid Service at any time by canceling said services via our Paid Services page or by contacting COMPANY at  SUPPORT@COOLAMPS.TECH.  Please refer to COMPANY’S Privacy Policy, as well as the licenses above, to understand how COMPANY treats information MEMBER provided to COMPANY after MEMBER has stopped using the Service.

b. COMPANY, in its sole discretion, may terminate (or suspend access to) MEMBER’S use of the Service or MEMBER’S account, including for MEMBER’S breach of these Terms of Use. COMPANY has the sole right to decide whether MEMBER is in violation of any of the restrictions set forth in these Terms of Use. COMPANY has no duty to retain MEMBER’S User Content, data, and information after termination.

c. Provisions that, by their nature, should survive termination of these Terms shall survive termination including, without limitation, any obligation MEMBER has to pay (e.g. “Payment Terms”) or indemnify (e.g. “Indemnity and Disclaimers”) COMPANY, any limitations on COMPANY’S liability (e.g. “Certain Liability Exclusions” and “Limitations of Liability Generally”), any terms regarding ownership or intellectual property rights (e.g. “Service Description; Grant of Limited License; Ownership of Service”), and terms regarding disputes (e.g. “Dispute Resolution”, “MEMBER’s Representations and Warranties,” and “General”).

VII. INDEMNITY AND DISCLAIMERS; DISSATISFACTION WITH SERVICE; TERMS OF USE

a. MEMBER’S only right with respect to any dissatisfaction with the SERVICE, any modifications to these Terms of Use, or any policies or practices of COMPANY, including, without limitation, (a) any change in the content of the Service, or (b) any change in the amount or type of license fees, if any, is to terminate use of the Service.

b. MEMBER agrees to indemnify, defend, hold harmless and release COMPANY from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (a) your breach of these Terms of Use; (b) any User Content you post or otherwise contribute; (c) any activity in which you engage on or through the Service; and (d) your violation of any law or the rights of a third party. This duty to defend and indemnify includes claims brought by any third party, including, without limitation, MEMBER’s insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability. The duty to defend and indemnify applies even in the case of COMPANY’S own negligence or breach of warranty.

c. MEMBER Waives any rights that member’s insurance carrier or others claiming through member may have against company, including any rights of subrogation.

d. MEMBER hereby releases COMPANY from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with MEMBER’s personal safety (including any bodily injury, death or property damage). If MEMBER is a California resident, MEMBER shall and hereby does 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 or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

e. MEMBER acknowledges that although COMPANY is using reasonable efforts to expand languages supported by the Service, it does not currently support any language other than English. MEMBER’S only right with respect to dissatisfaction with COMPANY, including languages supported by the Service, is to terminate use of the Service.

f. COMPANY cannot and does not represent that any MEMBER is the person who he or she claims to be. MEMBER’s interactions with organizations or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between MEMBER and such organizations or individuals and at MEMBER’s own risk. MEMBER should make whatever investigation MEMBER feels necessary or appropriate before proceeding with any online or offline transaction with any third party. MEMBER agrees that COMPANY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

g. Except as expressly provided for herein, to the fullest extent permitted by law, the service, including all content, usage of the service, software, functions, materials and information accessed by any means thereof is provided “as is”, without any warranties of any kind, whether express, implied, or statutory, including, but not limited to, any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, accuracy, integration, quiet enjoyment, course of performance or usage of trade all of which are hereby expressly disclaimed. COMPANY makes no warranties as to any information, content or materials made available through the service, or as to the possible uses of any of the foregoing, even if COMPANY is made aware of any particular use(s). The service is not designed, manufactured, or intended for use requiring fail-safe controls.

h. MEMBER acknowledges that neither COMPANY nor its affiliates, nor any of its or their agents, representatives, suppliers, service providers, contractors or subcontractors is an insurer of or against any potential or actual loss or damage to person or property that may occur. MEMBER acknowledges and agrees that it is extremely difficult to calculate the actual damages, if any, which may result from COMPANY’s alleged failure to perform the services due or from the operation of its products, due to, among other things, the: (a) uncertain and unknown pecuniary value of any injury, damage or loss involving MEMBER or their property; (b) inability to ascertain what portion, if any, of an alleged injury was proximately caused by the COMPANY’s alleged failure to perform the services or failure of the products; and (c) the general nature of the products and COMPANY’s services. MEMBER further acknowledges that the payments MEMBER makes to the COMPANY, if any, under these terms of use are not related to the net worth, value or earning capacity of the member or their property, but rather are based on the cost of the system and the services, and specifically take into consideration the legal protections afforded to company under these terms of use. Therefore, COMPANY expressly denies and disclaims all liability for any loss or damage which may occur prior to, at or after agreeing to these terms of use, including liability based on contract, tort, negligence of any degree, warranty (including merchantability and fitness for a particular purpose) and all other theories of liability.

i. COMPANY shall not be liable for any use of or reliance on the service under any circumstances, or for any interruption, unavailability of or error in the service or any information made available through the service, even if caused by COMPANY’s negligence and or failure to issue alerts or notices. COMPANY will not be liable for any failure of or delay in performance directly or indirectly caused by acts or omissions of the MEMBER (or any other members affiliated or associated with member’s account) or any other third party. MEMBER agrees to assume all of the risks in using the company service, whether known or unknown, including without limitation, the risk that the service or the information made available through the service will be interrupted, unavailable, inaccurate or incomplete. COMPANY makes no warranty, representation, or guarantee that member will be contacted by any commercial party or governmental authority or that if contacted, the information provided will be accurate. COMPANY reserves the sole right to modify or discontinue the service at any time with or without notice to MEMBER. COMPANY will not be liable to MEMBER or any third party should COMPANY exercise such right. MEMBER acknowledges that COMPANY has no control over the conduct of any commercial party or governmental authority or other third parties or for the accuracy of their notifications. COMPANY shall not be liable for the accuracy or delivery time or content of notifications. To the fullest extent permitted by law, COMPANY shall have no liability whatsoever for third parties who are not COMPANY members.

j. In no event shall COMPANY, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable concerning the services or any other subject matter of these terms of use, for any (a) matter beyond its reasonable control (including without limitation any error or damage attributable to 3rd party technology and systems, act of God or act of government), (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services, or (c) indirect, punitive, incidental, reliance, special, exemplary or consequential damages of any kind including, but not limited to, loss of business, revenues, profits or goodwill. In no event shall company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable concerning the services or any other subject matter of these terms of use for direct damages, in the aggregate, in excess of the amounts actually paid by MEMBER to COMPANY during the twelve months immediately preceding the claim. This amount is the agreed upon damages, is not a penalty and shall be the member’s exclusive remedy. Further, MEMBER releases and waives, on MEMBER’s own behalf and on behalf of MEMBER’s insurer, all subrogation and other rights to recover against COMPANY arising as a result of the payment of any claim for loss, damage, or injury.

k. The limitations and exclusions set forth in the preceding paragraph shall apply regardless of the form of any claim or action (whether in contract, tort, strict liability or otherwise), even if the party against whom damages are sought has been advised of the possibility of such damages. These limitations are independent from all other provisions of these terms of use and shall apply notwithstanding the failure of any remedy provided herein. Notwithstanding anything to the contrary, nothing in this section shall limit a party’s liability for damages arising from personal bodily injury (including death) resulting from its negligence, willful misconduct or fraud, or any exclusion or limitation of liability that is void, prohibited or unenforceable by applicable law.

l. MEMBER must bring any claim arising out of these Terms & Conditions or the Services within the lesser of one (1) year after the date on which the claim arose or the shortest duration permitted under applicable law if such period is greater than one (1) year. If MEMBER does not bring its claim within one (1) year, MEMBER waives, to the extent permitted by law, all rights MEMBER may have with respect to such claim and COMPANY shall not have any liability to MEMBER relative to that claim.

VIII. DISPUTE RESOLUTION – ARBITRATION; WAIVER OF JURY TRIAL; SEVERABILITY

Please read this section carefully. The arbitration clause, jury waiver, severability provision, and the rest of this section are important parts of the agreement between member and company.

a. These Terms & Conditions are governed by and will be construed under the laws of the Commonwealth of Virginia, without regard to the conflict of laws provisions thereof. Any dispute, claim or controversy between MEMBER and COMPANY or arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by mandatory arbitration: (a) in English; (b) in accordance with the American Arbitration Association (AAA); (c) in the county (or parish) of MEMBER’S billing address, provided that if the claim is for $25,000 or less, MEMBER may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a nonappearance based telephonic hearing; or (iii) by an in-person hearing in the county (or parish) of MEMBER’S billing address; (d) at COMPANY’S expense to the extent required by law; (e) by one arbitrator who shall: (i) be selected from the appropriate list of AAA arbitrators in accordance with the Rules; (ii) have sole authority to decide any question concerning the scope, applicability, enforceability, revocability, and validity of this arbitration agreement; and (iii) be barred from presiding over any class, collective, or representative action, consolidating multiple claimants’ cases or awarding any non-individualized relief; and (f) the arbitrator's award will consist of a written statement stating the disposition of each claim and the essential findings and conclusions on which the award is based.

b. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. MEMBER and COMPANY agree that each may bring claims against the other only their individual capacity and not as a plaintiff or class member in any purported class or representative action (the “class action waiver”). Unless both MEMBER and COMPANY agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Class arbitrations, class actions, representative actions, any other form of collective action or consolidated proceedings are not permitted. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. MEMBER understands and agrees that by entering into these terms, MEMBER and COMPANY are each waiving the right to trial by jury or to participate in a class action.

c. If an arbitrator or court decides that applicable law precludes enforcement of any of this SECTION IX limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in the state courts located in Fairfax County, Virginia or in the U.S. District Court for the Eastern District of Virginia, Alexandria Division.

d. Notwithstanding the clause above requiring arbitration of disputes, MEMBER and COMPANY both agree that nothing in this SECTION IX will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (a) bring an individual action in a U.S. small claims court or (b) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this arbitration clause doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

d. COMPANY has the right to modify these Terms of Use. Any modification is effective upon posting a notice of the change via the Service, or immediately upon notice by electronic mail. MEMBER’S continued use of the Service following notice of any modification to these Terms of Use shall be conclusively deemed an acceptance of all such modification(s). These Terms of Use (including the COMPANY Privacy Policy) constitute the entire agreement between the MEMBER and COMPANY and supersedes all prior agreements, whether written or oral. Failure by COMPANY to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. MEMBER may not assign, delegate or transfer these Terms of Use or his or her rights or obligations hereunder in any way (by operation of law or otherwise) without COMPANY’S prior written consent. COMPANY may transfer, assign, or delegate these Terms of Use and COMPANY’S rights and obligations without consent. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. MEMBER understands and agrees to be responsible for any additional charges, including false alarm fines or fees, telephone signal transmission or mobile data, and other services.

e. The Service is operated from COMPANY servers in the United States. MEMBER is responsible for compliance with the laws of the jurisdiction in which it is located. In no event shall MEMBER use the Service in any location where such use is prohibited or restricted by local law or where COMPANY would incur a tax or fee obligation that would not be paid by MEMBER. MEMBER may not use or export the Service or the products thereof in violation of United States laws and regulations, including, without limitation, export administration regulations. COMPANY may assign these Terms of Use in its sole discretion at any time.

f. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13) years of age. COMPANY does not knowingly collect or solicit personally identifiable information from a child under thirteen (13) years of age without obtaining consent from that child’s parent or guardian (“Parental Consent”). MEMBER usage of Services and/or Paid Services hereby provides Parental Consent for any/all minor children, especially those under the age of thirteen (13), who are subscribed under MEMBER’s account for Paid Service and assumes all responsibility (and holds COMPANY blameless and without any liability whatsoever) for usage of Paid Service by minor children, especially those under the age of thirteen (13). MEMBERS who do not agree to these terms should not use these Services or Paid Services. If you believe that a child under thirteen (13) years of age has provided COMPANY with personal information (beyond the Required Information) without COMPANY’s obtaining Parental Consent, please contact COMPANY at SUPPORT@COOLAMPS.TECH.