TERMS AND CONDITIONS
Refrigiwear, Inc. Terms and Conditions of Use
Welcome to the Refrigiwear, Inc. website located at (the "Site"). The following Terms and Conditions of Use ("Terms and Conditions") govern your use of the information tools, features, functionality, products and services provided through the Site and constitute an agreement concerning your legal rights and obligations with respect to Refrigiwear, Inc, its affiliates and subsidiaries (individually and collectively, "we," "us," or "Refrigiwear"). Please read these Terms and Conditions carefully before using the Site, opening a Refrigiwear account ("Account"), or purchasing and/or using products or services offered by Refrigiwear (collectively, "Refrigiwear Products and Services").
BY ACCESSING OR USING THE SITE, OPENING AN ACCOUNT, OR SUBSCRIBING TO OUR EMAILS, YOU SIGNIFY YOUR UNCONDITIONAL AND IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.
REFRIGIWEAR has the right to revise OR MODIFY these Terms AND CONDITIONS (including our Privacy Policy IS incorporated herein), at any time. ANY REVISIONS OR CHANGES TO THE TERMS AND CONDITIONS WILL BE EFFECTIVE UPON THE Posting of the REVISED TERMS AND CONDITIONS on the Site. PLEASE REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME. Your continued ACCESS AND use of the Site WILL be deemed your UNCONDITIONAL, irrevocable acceptance of ANY revisIONS OR CHANGES TO THE Terms AND CONDITIONS.
Refrigiwear reserves the right to refuse to provide you access to the Site, or to allow you to open an Account, or subscribe to our emails for any reason.
PRIVACY
Your privacy is very important to us. Any information you provide to us will be governed by our Privacy Policy, available here.
LIMITED LICENSE AND SITE ACCESS
Refrigiwear grants you a limited license to access and use the Site for your personal use, subject to these Terms and Conditions. This license does not allow you to make any commercial use or any derivative use of the Site (including any of its individual elements or content). You may not use, frame, or utilize framing techniques to enclose the Site, or any individual element or materials within the Site or create a link to the Site accessing such elements or materials, including without limitation, Refrigiwear's trademarks, logos, images, text or other proprietary information, including any Materials as defined herein, or the layout and design of any page or form contained on a page (collectively, "Refrigiwear Intellectual Property") without Refrigiwear's prior written consent. You may not use any circumvention tools, meta tags, or any other "hidden text" utilizing Refrigiwear's Intellectual Property without Refrigiwear's prior written consent. You may not robotically or otherwise harvest, scrape, extract, copy, access or collect any information or data from the Site.
Refrigiwear reserves the right at its sole discretion to restrict your access to the Site, suspend or terminate your account and/or subscription to our email list if you are deemed to be a repeat infringer of Refrigiwear's Intellectual Property.
ACCOUNTS AND SECURITY
You may register for an account ("Account") on the Site. As part of the registration process, you will be required to select a username and password, and to provide your name, company name, address, phone number, email address. You shall ensure all information provided by you is accurate and complete. You agree to update any information you have provided to ensure that it is accurate and complete. Failure to do so will constitute a breach of these Terms and Conditions, and may result in immediate termination of your Account. You may not (i) select or use the email address of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use an email address or select a username that Refrigiwear, in its sole discretion, deems inappropriate or offensive; or (iv) breach any representation, warranty, or promise made by you and/or provided in these Terms and Conditions.
You agree to immediately notify Refrigiwear of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are solely responsible for maintaining the confidentiality of your password, and you understand and agree that you will be deemed liable for any unauthorized activity on this Site performed in connection with your email address or user name. Refrigiwear is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your Account password.
Refrigiwear may in its sole discretion and without notice immediately terminate your Account or suspend your access to your Account because of conduct that Refrigiwear deems is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of these Terms and Conditions or any other policies or guidelines posted on the Site; or (iii) harmful to other users, third parties, or the business interests of Refrigiwear. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. Refrigiwear reserves the right to terminate your Account if you file a claim against Refrigiwear, or a claim which in any way involves Refrigiwear. Upon termination of your Account by Refrigiwear, (i) you may not establish a new Account, (ii) Refrigiwear will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.
You may only use the Site and/or open an Account if the laws of your applicable jurisdiction allow you to accept these Terms and Conditions.
DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, INFORMATION PROVIDED ON THE SITE (THE "INFORMATION"), AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. REFRIGIWEAR DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SITE OR ANY INFORMATION PROVIDED ON THE SITE. REFRIGIWEAR DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR THE INFORMATION AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SITE OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF ACCESSING OR USING THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
REFRIGIWEAR WARRANTS THAT REFRIGIWEAR PRODUCTS WILL CONFORM SUBSTANTIALLY TO THE DESCRIPTIONS ON THE SITE. EXCEPT AS MAY BE PROVIDED HERE, REFRIGIWEAR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO REFRIGIWEAR PRODUCTS, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT.
Some jurisdictions do not allow the disclaimer of implied warranties. please review your local laws to determine whether the foregoing disclaimer of implied warranties applies to you.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, REFRIGIWEAR, ITS AFFILIATES, THIRD PARTY SUPPLIERS, LICENSORS AND BUSINESS PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, (EACH INDIVIDUALLY A "RELATED PARTY" AND COLLECTIVELY, THE "RELATED PARTIES") SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS AND CONDITIONS OR THE PURCHASE OF ANY REFRIGIWEAR PRODUCTS AND SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF REFRIGIWEAR AND/OR ANY OF THE RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE USE OR THE INABILITY TO USE THE SITE; OR (III) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE ENTIRE LIABILITY OF REFRIGIWEAR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR REFRIGIWEAR PRODUCTS AND SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO REFRIGIWEAR FOR ACCESS TO OR USE OF THE SITES OR EXCEED THE PURCHASE PRICE FOR REFRIGIWEAR PRODUCTS AND SERVICES.
YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITE. WITH RESPECT TO REFRIGIWEAR PRODUCTS THAT DO NOT MEET APPLICABLE MANUFACTURER'S SPECIFICATIONS, YOUR SOLE REMEDY, AND REFRIGIWEAR'S TOTAL LIABILITY, IS LIMITED TO A REFUND OF THE PURCHASE PRICE FOR SUCH PRODUCTS, OR REPLACEMENT OR REPAIR OF SUCH PRODUCTS; PROVIDED THAT SUCH PRODUCTS ARE RETURNED TO REFRIGIWEAR AS REQUIRED HEREIN.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you. In such states or jurisdictions, the liability of Refrigiwear and its Related Parties shall be limited to the fullest extent permitted by law.
LINKS TO THIRD PARTY SITES
Some of the links provided throughout the Site will allow you to leave the Site. These links are provided as a courtesy only, and the websites linked are not under the control of Refrigiwear in any manner whatsoever and are not otherwise covered by these Terms and Conditions. Therefore, Refrigiwear is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Refrigiwear is providing these links for informational purposes only, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Refrigiwear of any linked site and/or any of its content therein.
TERMS OF SALE
All products and services on the Site are sold by RefrigiWear. The following terms and conditions of sale ("Sale Terms") apply to your purchase of any Refrigiwear Products and Services from this Site, except to the extent that you have entered into a separate written agreement with RefrigiWear that supersedes some or all of these Sale Terms. Other than as specifically provided in any separate written agreement between you and RefrigiWear, these terms and conditions may not be altered, supplemented, or amended by the use of any other document(s).
Your placement of an order through the Site is deemed your acceptance of an order. Once you place an order through the Site, you will be directed to an order confirmation page and an email confirming your order will be sent to the email address you provided to Refrigiwear. All purchases must be made with an acceptable method of payment as stated at checkout, provided that Refrigiwear reserves the right to change its accepted payment methods at any time. Refrigiwear will provide notice if its accepted payment methods change after you place an order. All prices are quoted in U.S. currency and all orders must be transacted in the same. Refrigiwear reserves the right to change or cancel any orders at any time and at its sole discretion. In the event that Refrigiwear cancels your order, Refrigiwear will refund any payment made for the canceled order.
You represent that all information provided to Refrigiwear when you place an order through this Site will be accurate, complete, and current. You are responsible for paying any applicable taxes, shipping, handling, and processing charges relating to any purchase you made through this Site.
These Sale Terms are subject to change without prior written notice at any time and at Refrigiwear's sole discretion. By placing an order for products through the Sites, you agree to be bound by and accept Sale Terms in effect at the time of such order.
PRICES & AVAILABILITY
The availability and pricing of Refrigiwear Products and Services is subject to change without notice. If a product is not in stock when you place an order (for example, not yet available or sold out), we will do our best to advise you when we anticipate the product will become available. Anticipated availability and delivery dates are subject to change.
PRODUCT DESCRIPTIONS & PRICING
Refrigiwear strives to ensure that pricing and descriptions of Refrigiwear Products and Services on the Site are accurate. However, Refrigiwear does not guaranty the accuracy and reliability of the descriptions, photographs, and/or pricing on the Site. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. All weights and size dimensions are approximate. If a product offered by Refrigiwear is not as described or pictured on the Site, your sole remedy is to return it in unused condition for a refund in accordance with our return policy stated herein. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
SHIPPING
The RefrigiWear Products displayed on the Site are available to all countries except Italy, Germany, Switzerland and Austria. Refrigiwear will ship ordered products to the shipping address you provide when you place an order through the Site. It is your responsibility to provide an accurate, complete, and current shipping address. Delivery method for orders placed through the Site is FedEx Ground for all shipments to the U.S. not including Alaska and Hawaii, and USPS ground shipping for shipments to Hawaii or Alaska. Delivery dates provided are estimates only, not a warranty or guarantee. Refrigiwear is not liable for any delay in delivery of Refrigwear Products by delivery dates. For expedited shipping, shipping to destinations outside the U.S. or to reschedule delivery dates, contact customer service at 800-645-3744. Requests to reschedule delivery dates are subject to acceptance by Refrigiwear in its sole discretion. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. Unless otherwise agreed, all orders will be shipped from a Refrigiwear facility or supplier to the delivery destination. Subject to Refrigiwear's right of stoppage in transit, delivery to a carrier will constitute delivery to you, and all risk of loss will pass to you upon delivery to a carrier. Title in and to all Refrigiwear Products shall remain in Refrigiwear until payment is made in full by you, and received and cleared by Refrigiwear. Any claims for shortages and/or damage to delivered products must be made to the carrier in accordance with the carrier's claims policy.
RETURNS
If for any reason you are unsatisfied with your Refrigiwear purchase, please contact us first at 1-706-864-5757. If returned products are claimed defective, you must notify Refrigiwear of the nature of the claimed defect when initiating the return process. A product must be determined "defective" by Refrigiwear prior to replacement or repair. Defective products will be repaired or replaced at no charge, including shipping.
Any off-the-shelf product that is still new and may be returned into inventory may be returned for full credit, not to include any shipping or other processing fees, at Refrigiwear's sole discretion.
Returns must be 100% complete, in original and resalable condition, with all original boxes and packing materials and accessories. Refrigiwear reserves the right to refuse a return on any product that does not meet these requirements. For your protection, Refrigiwear strongly recommends that you insure your package against loss or damage, and request a delivery confirmation.
Returns shall be made as soon as practicable, and shall only be accepted for as long as the product is an item that Refrigiwear sells at the time of the return.
Refrigiwear will not accept unauthorized returns or exchanges. Refrigiwear Products not authorized for return will be shipped back to you. You are responsible for associated shipping and processing charges for unauthorized returns.
All sales are final for custom-made Refrigiwear Products, except in the sole discretion of Refrigiwear.
Unless a returned Refrigiwear Product is deemed defective by Refrigiwear, you will be responsible for all shipping, handling, and processing fees associated with the return of any Refrigiwear Products.
USER COMMENTS, REVIEWS AND FEEDBACK
We welcome your feedback. Your reviews are very useful to us in future product developments, and can help others make informed decisions. Please note that all comments or reviews displayed on the site are moderated, and will appear after being approved. To assist you in your review, refer to the following guidelines to be sure your review will be approved.
Use your personal experiences. Your review can be about specific features or experiences you had with the product;
Be detailed. Tell other customers what you used the product for and how it worked for a specific project;
You can always compare products with other products of a similar type;
Include all relevant details about how you used the product(s) for specific projects. For example, let other users know what type of environment you were in or what weather (if any) you experienced, why this product worked, or what could be improved in those conditions;
Please avoid references to availability, prices, and shipping under specific products, as these things are subject to change. Contact us directly and we will address any questions about these concerns immediately;
Do not use offensive or vulgar language;
Do not insult other customers;
Include more than one word in your review
Do not include personal information! If you would like to contact us directly with your address or phone number, please use the Contact Us form available here.
In addition, by posting a comment, you agree that no comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
USE OF THE SITE
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") submitted to us are the sole responsibility of the person who submitted such Content. This means that you are entirely responsible for all Content that you upload, submit, post, email, transmit or otherwise make available through the Site. Under no circumstances will Refrigiwear be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, submitted, posted, emailed, transmitted or otherwise made available through the Site.
You agree not to:
upload, submit, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
use the Site to harm minors in any way;
use the Site to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
remove any proprietary notices from the Site;
cause, permit or authorize the modification, creation of derivative works, or translation of the Site without the prior written permission of Refrigiwear;
use the Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
use the Site for fraudulent purposes;
attempt to decompile, reverse engineer, disassemble or hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Refrigiwear with respect to the Site, and/or data transmitted, processed or stored by Refrigiwear;
harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information;
upload, submit, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, submit, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, submit, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, submit, post, email, transmit or otherwise make available any material 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;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Site or servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site;
use the Site to intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
use the Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
use the Site to "stalk" or otherwise harass another; and/or
use the Site to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
By submitting any Content, you acknowledge, agree and represent that all such Content is accurate and does not violate any third-party rights. You acknowledge and agree that by submitting any Content to, through or in connection with Refrigiwear or the Site, including without limitation, its services, products, website, affiliates, partners or employees, you are granting Refrigiwear a limited license to use, modify, delete, publicly display, reproduce or distribute such Content and your association with such Content, which may include name and likeness, solely on, through or in connection with Refrigiwear and the Site.
You acknowledge that Refrigiwear may or may not pre-screen Content, but that Refrigiwear and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content.
Without limiting the foregoing, Refrigiwear at its sole discretion shall have the right to remove any Content that violates these Terms and Conditions or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, truthfulness or usefulness of such Content.
You acknowledge that you may not rely on any Content posted by Refrigiwear or submitted to Refrigiwear.
You acknowledge, consent and agree that Refrigiwear may access, preserve and disclose your Account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Refrigiwear, its customers, and the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
ENFORCEMENT
Refrigiwear reserves the right to refuse to provide you access to the Site, to open an Account or purchase Refrigiwear Products and Services.
If you believe a user on the Site has violated these Terms and Conditions, please contact us at marketing@refrigiwear.com.
YOUR REPRESENTATIONS AND WARRANTIES
You are you are at least 18 years of age;
You possess the legal right and ability to enter into and comply with these Terms and Conditions;
You will use the Site for lawful purposes only and in accordance with these Terms and Conditions, and all applicable laws, regulations and policies; and
You will only use the Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner.
INDEMNITY
You agree to indemnify, defend and hold harmless Refrigiwear, and each Related Party (individually, the "Indemnified Party"; collectively, the "Indemnified Parties"), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of these Terms and Conditions, or any policy or guidelines referenced herein; (ii) use or misuse of the Site; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the; (iv) your use or disclosure of another person's personal, financial or credit information; or (v) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the Content that you post or submit to the Site.
COPYRIGHT
The Site includes copyrighted and copyrightable elements, including, without limitation, the Refrigiwear trademark, names, logo, design, text, images, graphics, audio, video and any other applicable elements, including the selection and arrangement of such elements (collectively, the "Materials").
You may download information from this Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Refrigiwear. The use of Content, including images, by you, or anyone else authorized by you, is prohibited except as specifically authorized in writing by Refrigiwear. Any unauthorized use of Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither Refrigiwear nor its affiliates warrant or represent that your use of Content, products, services, software or any other Materials displayed on the Site will not infringe rights of third parties.
Certain Refrigiwear Products and Services may contain or utilize information proprietary to Refrigiwear or its suppliers and comprises or may comprise: (a) works of original authorship, including compiled information containing an arrangement and coordination and expression of such information or pre-existing material created, gathered or assembled; (b) confidential and trade secret information; and (c) information that has been created, developed and maintained by Refrigiwear or one of its suppliers at great expense of time and money, such that misappropriation or unauthorized use by others for commercial gain would unfairly or irreparably harm Refrigiwear or its suppliers. You agree that you will not commit or permit any act or omission by your agents, employees, or any third party that would impair the rights of Refrigiwear, its suppliers, or the rights of third parties in copyright or other proprietary or intellectual property. You will not use any trade names, trademarks, service marks or copyrighted materials in any manner without authorization. Pursuant to the Digital Millennium Copyright Act (DCMA), Refrigiwear, at its sole discretion, reserves the right to deny you access to its Site and/or terminate your Account and email subscription if you are deemed to be a repeat infringer or if you infringe Refrigiwear's Intellectual Property rights or the intellectual property rights of others, even if you are not a repeat infringer.
TRADEMARKS
Refrigiwear's trademarks, service marks and slogans, including but not limited to its REFRIGIWEAR trademark, are the intellectual property of Refrigiwear. The domain name for this Site, Refrigiwear's logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Refrigiwear. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of Refrigiwear or the respective owner.
MISCELLANEOUS
Notices
Any notices to you from Refrigiwear regarding the Site or these Terms and Conditions will be posted on this Site and/or made by e-mail.
Electronic Communications
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Applicable Law; Jurisdiction and Venue
We control our Site from our offices within the United States. We make no representation that the Content on our Site is appropriate, legal or available for use in other locations. Users who choose to access our Site from other locations do so at their own risk, and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations.
In the event any dispute or claim arises out of or relating to your use of the Site or Refrigiwear Products and Services, that you and Refrigiwear will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Atlanta, Georgia with a mutually agreed mediator in any attempt to resolve the dispute.
In the event that any disputes or claims cannot be resolved through mediation, you agree that any claim relating to our Site, the products and services provided through our Site or the Content shall be governed by the internal laws of the state of Georgia, without reference to its choice of law provisions, and federal law, if applicable. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state or federal courts located in Fulton County, Georgia, United States, and you expressly waive any objection as to venue or personal jurisdiction. In the event of any such action, you hereby expressly agree to accepting service of process via electronic communication.
Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.
Other Provisions
Entire Agreement - These Terms and Conditions, the Privacy Policy, and other policies Refrigiwear may post on this Site constitute the entire agreement between Refrigiwear and you in connection with your use of this Site and the Content, and supersedes any prior agreements between Refrigiwear and you regarding use of this Site, including prior versions of these Terms and Conditions.
Termination
Refrigiwear reserves the right at its sole discretion to restrict your access to the Site, suspend or terminate your account and/or subscription to our email list. Termination will be effective without notice. In the event of termination, the disclaimers, protection of Refrigiwear's Intellectual Property, limitations of liabilities and indemnification set forth in these Terms and Conditions will survive. These Terms and Conditions will be deemed to include all other notices, policies, disclaimers and other terms contained in this Site; provided, however, that in the event of a conflict between such other terms and the terms of these Terms and Conditions, these Terms and Conditions will control.
Severability – If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Age and Location of User
All information and content available on this Site are solely directed to individuals 18 years of age or older. By using this Site, you represent that you are at least 18 years of age, or the minimum age legally required to use the world wide web and/or enter into a binding contract to purchase products via the world wide web in your country of residence. Refrigiwear makes no representation that the content, information, products, services or software will be available for use outside of the United States. Any use of the content, products, services and software available on this Site is prohibited where not allowed by law.
Miscellaneous
Refrigiwear reserves all rights not expressly granted herein. You may not assign any rights granted to you hereunder. Nothing in these Terms and Conditions shall constitute a partnership or joint venture between you and Refrigiwear. The failure of Refrigiwear at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
If you have any questions or concerns about these Terms and Conditions, or the Site, please contact us at marketing@refrigiwear.com.
These Terms and Conditions were last updated on February 27, 2015.
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