TERMS AND CONDITIONS

 

PREAMBLE 

“Cool Fun RV”, “RV Cooling Units”, and Cool-Fun LLC collectively refer to the online platform facilitating the purchase of gas absorption refrigeration cooling units, RV parts (including cores), and similar products. These Terms and Conditions are established to inform users about the rules, regulations, and conditions governing Cool-Fun LLC’s website. They serve to provide clarity on the services offered and the obligations of users and buyers. Throughout these Terms and Conditions, as well as in the Warranty Policy, Privacy Policy, and other associated documents, terms such as “we”, “our”, and “us”, as well as “Cool-Fun LLC”, are used to denote the services provided by Cool-Fun LLC, including RV Cooling Units and Cool Fun RV. By accessing, using, or visiting the Cool-Fun LLC website, users, customers, consumers, and visitors are presumed to consent to these Terms and Conditions, as well as any additional documents provided by Cool-Fun LLC. 

1. Terms and Conditions Of Cool Fun LLC

The following Terms and Conditions (“Terms”, “Terms of Use”, and “Terms of Service”) govern all use of our services, online platform, and website (collectively called “services” and “website”) called Cool-Fun LLC. These Terms, as well as our Privacy Policy posted on Cool-Fun LLC’s website, shall also be equally applicable and enforced to the offers, services, and projects of our website. These terms are primarily directed towards all the users, members, and buyers (“you”, “your”, “user”, “member”) as well as any visitors of Cool-Fun LLC’s website. 

1.1. User Agreement 

All the terms in our Terms and Conditions, Privacy Policy, and any other legal document constitute an agreement between you and Cool-Fun LLC. These terms shall apply to you as a user, visitor, or anyone who has used our services or accessed this website. If you are not in agreement with the terms provided on this page or any one of the terms, you may not access the website in whole or in part and you also cannot use any of our services.

2. Customer’s Acknowledgement

By accessing the Cool-Fun LLC website and using any of our services, you confirm that: 

  • You are a mentally fit person who can form legal contracts. 
  • You are at least 18 years old. 
  • It would be your responsibility to return the core to the shipping label provided by us within 30 days of receiving the label. 
  • You are permitted under the laws applicable to you and any organization which you represent to access our services.

3. Payment Policy on our Website

The Payment Policy is applicable for the purchase of products available on our website. This Policy has been compiled in accordance with the rules and regulations. The payment is made according to the prices of the products. Our website uses different payment platforms for providing our eCommerce services; therefore, the customers and buyers on our website can pay through all the methods available on Cool-Fun LLC’s website. This includes PayPal, Google Pay, and credit and debit cards. No other payment method will be accepted unless authorized by the admins or owner of our website. We reserve the right to determine the price of all or any of our product(s). 

4. Cancellations And Limitations Of Products

We have the right to cancel or limit the quantity of any order for the reasons given below: 

  • Limited stock on our products. 
  • Change in the National or state regulation. 
  • Mistakes in the description, price, or specification of the product. 
  • Disruptions due to emergencies, natural disasters, lockdowns, etc. 
  • If payment details are found to be stolen, false, or illegal. 
  • Illegal or suspicious account activity.

5. Order Cancellation And Modifications By The User

After the order is placed and processed, it will not be canceled or terminated. We advise our users to make sure to decide effectively what they are looking for. We will not be held responsible for any termination or cancellation request after the order has been processed. 

6. User Account, Log In, and Password

After the account registration, it will be the responsibility of the user to keep the account information confidential. The user alone will be responsible for any activity that happens under his/her/their account whether or not they have authorized it. If any user or account holder of our website has a reason to believe that their account and/or login information has been compromised, they are requested to contact us immediately.

7. Intellectual Property and Availability Of Services

Unless otherwise indicated, the website is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

8. Grant Of Limited License

All users and buyers are hereby granted a limited license for the purpose of using our website’s services. Users can use the website of Cool-Fun LLC in accordance with these terms; however, they cannot share, sell or lease any form of information, suggestions, or advice offered through Cool-Fun LLC. You affirm, confirm and agree that you will not exploit any portion of our service and you are not authorized to use any of the services unless you have acquired prior written permission from us. This is a grant of a license, not a transfer of title, and under this license, you may not: i. modify or copy the materials; ii. attempt to decompile or reverse engineer any software contained on Cool-Fun LLC’s website; iii. remove any copyright or other proprietary notations from the materials; or iv. transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cool-Fun LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 

9. REFUND POLICY OF COOL-FUN LLC

We offer refunds in a limited manner. Please make sure to read our Refund Policy and Return Policies. 

10. LINKS TO EXTERNAL WEBSITES

Cool-Fun LLC is committed to protecting the privacy of its users. We do not share any personal data provided by our users on this website. Any information collected is solely used for internal purposes and to improve the user experience. By using our website, you consent to the collection and use of your personal information as outlined in our Privacy Policy. 

11. WAIVER AND INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Cool-Fun LLC, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Cool-Fun LLC Parties”), from and against all actual or alleged Cool-Fun LLC Party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content, or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Site or Services provided to you, and (f) any User Content you create, post, share, or store on or through the Site or our pages or feeds on third-party social media platforms. You agree to promptly notify Cool-Fun LLC of any third-party Claims and cooperate with the Cool-Fun LLC Parties in defending such Claims. You further agree that the Cool-Fun LLC Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Cool-Fun LLC. 

12. ACCEPTABLE USAGE POLICY

By using our services, you agree that you will only use this service for the purposes within these terms of use and according to law, regulations, and other guidelines which are either expressly or impliedly given. 

12.1. General Rules 

Accessing any of our resources by means other than what we provide is prohibited. You agree that you will not access our website in any unlawful manner or any other unethical manner whichever it may be. You understand and acknowledge that you will follow all rules set up by Cool-Fun LLC including the rule that you’ll return the core after receiving the return shipping label after your order placement. By accessing our website or and using it the users are responsible for maintaining the confidentiality of any login, registration, or any information associated with any account they access and use. Henceforth, users agree they are solely responsible for the activities that occur under their account. It is prohibited to engage in any activity or business which may disrupt or interfere with our websites and services content, our services, and our business. You agree that you will not duplicate, copy, or counterfeit source code, logos, business models, products, videos, samples, or services related to Cool-Fun LLC’s website in any way nor will you sell them on your own. By using our services, you agree that you are responsible for the consequences, losses, or damages that may directly or indirectly incur due to any unlawful, unethical, or unauthorized activity as explained above. For which you may be held responsible in the eyes of law. You will report any unethical, illegal, or any other prohibited content to us. You must not in any way or for any purpose breach these Terms or the terms of any of the documents of these Terms. You agree that you will not break or infringe any copyright, trademark, or any other intellectual property law in any way or manner that may harm us now or in the future of our business. You will not charge back the amount you already paid. You will not Impersonate any person and use a fake name or gain access to anyone’s account in any way or a manner that may deem unlawful. 

12.2. Breach of Any Rules or Our Acceptable Use Of Services Policy 

If we find that anyone is breaking any rules or in any other case of suspicious behavior, we reserve the right to withdraw access to your account without notice for any actual or suspected breach of these terms or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account or any unauthorized disclosure of your login information. 

13. Factors Beyond our Control

Any act or situation that is beyond our control is known as a “Force Majeure Event”. In such a circumstance, we are not liable for any failure to perform or delay in the performance of our obligations or shipping under our general terms. In any such event, the order or project can be canceled, and any amount retained will be refunded. Any act, event, non-happening, omission, or accident beyond our control includes (but is not limited to): 

  • Strikes, lock-outs, or other industrial action. 
  • Civil commotion, riot, invasion, cyber-attack, terrorist attack, or threat of terrorist attack, war (whether declared or not), or threat or preparation for war. 
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters. 
  • Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport. 
  • Interruption or failure of utility service (including the inability to use public or private telecommunications networks). 
  • Failure of any workforce availability due to any reason. 
  • The acts, decrees, legislation, regulations, or restrictions of any government.

14. General Disclaimer

The contents, materials, and information on this website are based solely on research conducted by the owner of Cool-Fun LLC and are only available for general information purposes and must not be taken as medical or fitness advice. The information on our website is presented for you and is not intended as an offer to buy or sell, or amount to a solicitation or incitement of offer to buy or sell, any products, packages, or subscriptions of any kind, in any way. Any such act shall be your own choice based on your own decisions. 

15. WARRANTY POLICY

We offer a warranty on the products/units purchased from us. 

16. WAIVER OF LIABILITY

The users, customers, buyers, and visitors of our website hereby waive, release, and forever discharge all claims for direct, indirect, consequential, incidental, contractual, compensatory, tort-based, punitive, or any other damages of any sort arising from any cause or basis whatsoever including but not limited to personal injury, death, or property damage which the buyer or buyer’s heirs, next of kin, executors, assigns, parents, personal representatives, or estate may have or which may hereafter accrue as a result of participation in any activity related to our website, its service including services from the Cool-Fun LLC. 

17. Release of Claims

The buyer, to the fullest extent permitted by law, shall indemnify, defend, hold harmless, protect and defend the owner of Cool-Fun LLC from and against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses, including attorney fees, arising out of or resulting from any cause of action for any reason whatsoever including but not limited to the negligence or misconduct in connection with participation in any activity related to installation, removal or usage of software, tools, plugins, and add-ons of our website. If any such legal claim, demand, or lawsuit arises or be asserted in any way whatsoever related thereto, whether arising under the laws of Canada, the United States, or any other country in general, or under any theory of law or equity, the buyer will indemnify, hold harmless and defend the owner, manufacturer, seller, distributor, affiliate, or anyone associated with our website from any costs, expenses, or liability including but not limited to the cost of any settlement or judgment made or rendered against the owner of Cool-Fun LLC. 

18. Law and Jurisdiction

These Terms of Service and conditions will be governed by and construed in accordance with the law of the United States, and any disputes relating to the Conditions will be subject to the jurisdiction of the courts of the state of California. 

19. Contact

You can contact us at [email protected] to know more about our services. 

 

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