Thank
you for accessing the Coolj'sonline.com Website ("Site")
operated by Cool J's Group. We respect your privacy and want to protect
your personal information. To learn more, please read this Privacy
Policy.
This Privacy Policy explains how we collect, use and (under certain
conditions) disclose your personal information. This Privacy Policy
also explains the steps we have taken to secure your personal information.
Finally, this Privacy Policy explains your options regarding the collection,
use and disclosure of your personal information. By visiting the Site
directly or through another site, you accept the practices described
in this Policy.
This privacy policy applies to the Site. This privacy policy does
not necessarily apply to any offline collection of your personal information.
Please see below for details.
We are not responsible for the content or privacy practices on any
web site not operated by us to which the Site links or that links
to the Site.
INFORMATION COLLECTION AND USE
1. Information Collection.
We collect information from you in several different ways on this
Site. One goal in collecting personal information from you is to provide
an efficient, meaningful, and customized experience. For example,
we can use your personal information to:
• help make the Site easier for you to use by not having to enter
information more than once.
• help you quickly find information, products, and services.
• help us create content that is most relevant to you.
• alert you to new information, products, and services that we
offer.
(a) Registration and Ordering. Before using certain parts of any Site
or ordering products, you may be asked to complete an online registration
form. During registration, you will be prompted to provide to us certain
personal information, including but not limited to your name, shipping
and billing address(es), phone number, email address, and credit card
number. In addition, we may also ask you for your country of residence
and/or your organization's country of operation, so we can comply
with applicable laws and regulations, and for your gender. These kinds
of personal information are used for billing purposes, to fulfill
your orders, to communicate with you about your order and the Sites,
and for internal marketing purposes. If we encounter a problem when
processing your order, your personal information may be used to contact
you.
(b) Email Addresses. Several locations of the Site permit you to enter
your email address for purposes including but not limited to: to register
for a contest or sweepstakes; to request us to notify you of new brands,
new product styles, or product sizes; to sign up for email newsletters
and special offers.
(c) Cookies and Other Technology. Like many sites, the Site employs
cookies and web beacons (also known as clear GIF technology or "action
tags") to speed your navigation of the Site, recognize you and
your access privileges, and track your Site usage.
(i) Cookies are small pieces of information that are stored as text
files by your Internet browser on your computer's hard drive. Most
Internet browsers are initially set to accept cookies. You can set
your browser to refuse cookies from web sites or to remove cookies
from your hard drive, but if you do, you will not be able to access
or use portions of the Site. We have to use cookies to enable you
to select products, place them in an online shopping cart, and to
purchase those products. If you do this, we keep a record of your
browsing activity and purchase. THE SITE'S COOKIES DO NOT AND CANNOT
INFILTRATE A USER'S HARD DRIVE TO GATHER A USER'S CONFIDENTIAL INFORMATION.
Our cookies are not "spyware."
(ii) Web beacons assist in delivering cookies and help us determine
whether a web page on the Site has been viewed and, if so, how many
times. For example, any electronic image on the Site, such as an ad
banner, can function as a web beacon.
(iii) We may use third-party advertising companies to help tailor
site content to users or to serve ads on our behalf. These companies
may employ cookies and web beacons to measure advertising effectiveness
(such as which web pages are visited or what products are purchased
and in what amount). Any information that these third parties collect
via cookies and web beacons is not linked to any personal information
collected by us.
(iv) As an example, Facebook collects certain information via cookies
and web beacons to determine which web pages are visited or what products
are purchased. Please note that any information collected by Facebook
via cookies and web beacons is not linked to any customer's personal
information collected by us.
(d) Log Files. As is true of most web sites, the Site server automatically
recognizes the Internet URL from which you access the Site. We may
also log your Internet protocol ("IP") address, Internet
service provider, and date/time stamp for system administration, order
verification, internal marketing, and system troubleshooting purposes.
(An IP address may indicate the location of your computer on the Internet.)
(e) Age. We respect children's privacy. We do not knowingly or intentionally
collect personal information from children under age 13. Elsewhere
on the Site, you have represented and warranted that you are either
18 years of age or using the Site with the supervision of a parent
or guardian. If you are under the age of 13, please do not submit
any personal information to us, and rely on a parent or guardian to
assist you.
(f) Product Reviews. You may choose to submit a product review. If
you post a review, we will ask for your email address and geographic
location. If you submit a review, your geographic location will be
visible to other users (your email address will be kept private).
Also, any personally identifiable information that you submit as part
of the review can be read or used by other visitors to the Site. We
are not responsible for any personally identifiable information that
you choose to submit as part of your review. We believe you can post
a helpful review without disclosing any personal information.
2. Information Use and Disclosure.
(a) Internal Use. We use your personal information to process your
order and provide you with customer service. We may internally use
your personal information to improve the Sites' content and layout,
to improve outreach and for our own marketing efforts (including marketing
our services and products to you), and to determine general marketplace
information about visitors to the Site. In order to facilitate such
use and the other use described in this Section 2, we may share your
information with affiliates under Coolj'sonline.com's control.
(b) Communications with You: We will use your personal information
to communicate with you about the Site and your orders and deliveries.
Also, we may send you a confirmation email when you register with
us. We may send you a service-related announcement on the rare occasions
when it is necessary (for example, if we must temporarily suspend
our service for maintenance.) Also, you may submit your email address
for reasons such as to notify you of new brands, new product styles,
or product sizes; to sign up for email newsletters and special offers.
If you submit your email address, we use it to deliver the information
to you. We always permit you to unsubscribe or opt out of future emails
(see the opt out section, below, for more details). Because we have
to communicate with you about orders that you choose to place, you
cannot opt out of receiving emails related to your orders.
(c) External Use. We want to provide you with excellent service and
to offer you a great selection. We do not sell, rent, trade, license
or otherwise disclose your specific personal information or financial
information to anyone other than to our affiliates, except that:
(i) As do most catalog and Internet retailers, we sometimes use others
to perform specific functions on our behalf. When we disclose information
to these service providers, we disclose information to help them to
perform their service. For example, in order to deliver products to
you, we must share some information. We partner with third parties
(such as the U.S. Postal Service, United Parcel Service, and Federal
Express) to ship products, to ensure delivery, and so that we can
obtain feedback, improve the quality of our service, and measure and
improve the quality of the service of the third party. In the example
of shippers, we provide them some personally identifiable information
such as your name, shipping address, email, and phone number.
(ii) Similarly, to help you buy products and provide customer service
to you, we must provide your credit card number to financial-services
corporations such as credit-card processors and issuers. When we submit
your credit card number for authorization, we use state-of-the-art
data encryption to protect your information. (More on this below in
Data Security.)
(iii) We may disclose such information in response to requests from
law enforcement officials conducting investigations; subpoenas; a
court order; or if we are otherwise required to disclose such information
by law. We also will release personal information where disclosure
is necessary to protect our legal rights, enforce our Terms of Use
or other agreements, or to protect ourselves or others. For example,
we may share information to reduce the risk of fraud or if someone
uses or attempts to use the Site for illegal reasons or to commit
fraud.
(iv) We will not sell (or trade or rent) personally identifiable information
to other companies as part of our regular course of business. However,
it's possible that we might acquire or merge with or be acquired by
another company or that we might dispose of some or all of our assets.
If that happens, your personal information may be disclosed to another
company, but that disclosure will be subject to the Privacy Policy
in effect.
(v) We may share non-personal information (such as the number of daily
visitors to a particular web page, or the size of an order placed
on a certain date) with third parties such as advertising partners.
This information does not directly personally identify you or any
user.
(vi) We may publicly disclose the name, city, and state of the contest
and sweepstakes winners.
DATA SECURITY
The Site incorporates physical, electronic, and administrative procedures
to safeguard the confidentiality of your personal information, including
Secure Sockets Layer ("SSL") for all financial transactions
through the Site. We use SSL encryption to protect your personal
information online, and we also take several steps to protect your
personal information in our facilities. Access to your personal
information is restricted. Only employees who need access to your
personal information to perform a specific job are granted access
to your personal information. Finally, we rely on third-party service
providers for the physical security of some of our computer hardware.
We believe that their security procedures are adequate. For example,
when you visit the Site, you access servers that are kept in a secure
physical environment, behind a locked cage and an electronic firewall.
While we use industry-standard precautions to safeguard your personal
information, we cannot guarantee complete security. 100% complete
security does not presently exist anywhere online or offline.
OPT OUT/CORRECTIONS
Upon your request, we will (a) correct or update your personal information;
(b) stop sending emails to your email address; and/or (c) disable
your account to prevent any future purchases through that account.
You can make these requests at the customer information section
of the Site http://www.cooljsonline.com/contact_us.html,
or by telephoning, or emailing your request to admin@cooljsonline.com:
Please do not email your credit-card number or other sensitive information.
OFFLINE COLLECTION, USE & DISCLOSURE OF INFORMATION
As you might expect from us, the majority of information that we
collect is obtained through the Site, and this Privacy Policy applies
only to that online collection of personal information. We also
may collect information offline, where we also try to protect the
privacy of your personal information. One example involves someone
calling us to place an order or to ask questions. When someone calls,
we will ask only for the personal information we need in order to
place the order or to answer the question. When we need to store
information (such as order information), we will enter it into our
database through SSL encryption. (See the Data Security section
above for more information). Another example involves faxes. If
you fax something to us, we will act upon the fax and then either
store it a locked repository or we will shred the fax if there is
no need to retain the information. There are other ways we could
learn of personal information offline (for example, we suppose someone
could send us a letter including some return address information),
and this Policy doesn't discuss or try to predict all of those methods
or uses. As we mentioned, we will try to treat offline collection,
uses, and disclosures consistently with our relevant online practices.
UPDATES TO THIS POLICY
If we change or update this Privacy Policy, we will post changes
and updates on the Site so that you will always be aware of what
information we collect, use and disclose. We encourage you to review
this Privacy Policy from time to time so you will know if the Privacy
Policy has been changed or updated. If you have any questions about
the Privacy Policy, please contact us at help@cooljsonline.com
or admin@cooljsonline.com.
Effective June 2, 2011
CoolJsonline.com's Terms of Use
Welcome to the cooljsonline.com website (the "Site").
Our development team provides services to you subject to the notices,
terms, and conditions set forth in this agreement (the "Agreement").
In addition, when you use any of our services you will be subject
to the rules, guidelines, policies, terms, and conditions applicable
to such service, and they are incorporated into this Agreement by
this reference. We reserve the right to change this Site and these
terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE
USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS
IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18 years old or
visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby
grant you a limited, revocable, non-transferable and non-exclusive
license to access and use the Site by displaying it on your internet
browser only for the purpose of shopping for personal items sold
on the Site and not for any commercial use or use on behalf of any
third party, except as explicitly permitted by us in advance. Any
breach of this Agreement shall result in the immediate revocation
of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce,
distribute, display, sell, lease, transmit, create derivative works
from, translate, modify, reverse-engineer, disassemble, decompile
or otherwise exploit this Site or any portion of it unless expressly
permitted by us in writing. You may not make any commercial use
of any of the information provided on the Site or make any use of
the Site for the benefit of another business unless explicitly permitted
by us in advance. We reserve the right to refuse service, terminate
accounts, and/or cancel orders at its discretion, including, without
limitation, if we believe that customer conduct violates applicable
law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through
this Site any Content, information, or other material that (a) violates
or infringes the copyrights, patents, trademarks, service marks,
trade secrets, or other proprietary rights of any person; (b) is
libelous, threatening, defamatory, obscene, indecent, pornographic,
or could give rise to any civil or criminal liability under U.S.
or international law; or (c) includes any bugs, viruses, worms,
trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes.
It is your sole responsibility to consult a licensed physician or
qualified health care professional for advice, diagnosis, and/or
treatment of any health related condition. Submissions or opinions
expressed on this Site are that of the individual expressing such
Submission or opinion and may not reflect our opinions. Product
representations expressed on this Site are that of the vendor and
are not made by us.
We may assign you a password and account identification to enable
you to access and use certain portions of this Site. Each time you
use a password or identification, you will be deemed to be authorized
to access and use the Site in a manner consistent with the terms
and conditions of this Agreement, and we have no obligation to investigate
the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS
SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY
ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE
IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL
COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING
WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH
ACCESS OR USE. You are solely responsible for protecting the security
and confidentiality of the password and identification assigned
to you. You shall immediately notify us of any unauthorized use
of your password or identification or any other breach or threatened
breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the
Site, anything that you submit or post to the Site and/or provide
us, including without limitation, ideas, know-how, techniques, questions,
reviews, comments, and suggestions (collectively, "Submissions")
is and will be treated as non-confidential and nonproprietary, and
we shall have the royalty-free, worldwide, perpetual, irrevocable
and transferable right to use, copy, distribute, display, publish,
perform, sell, lease, transmit, adapt, create derivative works from
such Submissions by any means and in any form, and to translate,
modify, reverse-engineer, disassemble, or decompile such Submissions.
All Submissions shall automatically become our sole and exclusive
property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you
post comments or reviews to the Site, you also grant us the right
to use the name that you submit with any review, comment, or other
Content, if any, in connection with such review, comment, or other
content. You represent and warrant that you own or otherwise control
all of the rights to the reviews, comments and other Content that
you post on this Site and that use of your reviews, comments, or
other Content by us will not infringe upon or violate the rights
of any third party. You shall not use a false e mail address, pretend
to be someone other than yourself or otherwise mislead us or third
parties as to the origin of any Submissions or Content. We may,
but shall not be obligated to, remove or edit any Submissions (including
comments or reviews) for any reason.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software
(collectively, "Content"), belongs exclusively to Cooljsonline.com,
or its affiliates. The collection, arrangement, and assembly of
all Content on this Site (the "Compilation") belongs exclusively
to Cooljsonline.com or its affiliates. All software used on this
Site (the "Software") is the property of Cooljsonline.com
its affiliates or its Software suppliers. The Content, the Compilation
and the Software are all protected by U.S. and international copyright
laws. Cooljsonline.com and other logos, slogans, trade names or
words are registered trademarks, trademarks or service marks of
Cool J's Group, its affiliates, suppliers, or third parties. The
use of any of our trademarks or service marks without our express
written consent is strictly prohibited. You may not use our trademarks
or service marks in connection with any product or service in any
way that is likely to cause confusion. You may not use our trademarks
or service marks in any manner that disparages or discredits us.
You may not use any of our trademarks or service marks in meta tags
without prior explicit consent.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit
to this Site, to understand our practices. Our Privacy Policy is
available at http://www.cooljsonline.com/terms_conditions.html.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you
upon our delivery of the items to the carrier pursuant to our standard
terms of sale, which you may access here on the webpages to which
that webpage links.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without
prior notice to you, immediately terminate the Agreement or revoke
any or all of your rights granted under this Agreement. Upon any
termination of this Agreement, you shall immediately cease all access
to and use of the Site and we shall, in addition to any other legal
or equitable remedies, immediately revoke all password(s) and account
identification issued to you and deny your access to and use of
this Site in whole or in part. Any termination of this Agreement
shall not affect the respective rights and obligations (including
without limitation, payment obligations) of the parties arising
before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States.
This Site may contain products or references to products that are
not available outside of the United States. Any such references
do not imply that such products will be made available outside the
United States. If you access and use this Site outside the United
States you are responsible for complying with your local laws and
regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT
GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, A COPY OF WHICH YOU
MAY ACCESS HERE , THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT
AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON
AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON
THIS SITE EXCEPT AS PROVIDED HERE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET
ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE
INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT
THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL
OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE
FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE
AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY
PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect
information due to typographical error or error in pricing or product
information received from our suppliers, we shall have the right
to refuse or cancel any orders placed for product listed at the
incorrect price. We shall have the right to refuse or cancel any
such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged
for the purchase and your order is canceled, we shall immediately
issue a credit to your credit card account in the amount of the
charge.
LINKS
This site may contain links to other sites on the Internet that
are owned and operated by third parties. You acknowledge that we
are not responsible for the operation of or content located on or
through any such site.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please contact us at http://www.cooljsonline.com/contact_us.html.
REMEDIES
You agree that our remedy at law for any actual or threatened breach
of this Agreement would be inadequate and that we shall be entitled
to specific performance or injunctive relief, or both, in addition
to any damages that we may be legally entitled to recover, together
with reasonable expenses of any form of dispute resolution, including,
without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether
at law or in equity, including without limitation damages injunctive
relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these
terms and conditions shall imply any obligation to grant any similar,
future or other waiver.
APPLICABLE LAW
This site is created and controlled by us in the State of Florida,
USA. As such, the laws of the State of Florida will govern these
disclaimers, terms, and conditions, without giving effect to any
principles of conflicts of laws.
DISPUTES
Any dispute relating in any way to your visit to the Site or to
the products you purchase through the Site shall be submitted to
confidential arbitration in Miami-Dade County, Florida, except that
to the extent you have in any manner violated or threatened to violate
our intellectual property rights, we may seek injunctive or other
appropriate relief in any state or federal court in the State of
Florida. You hereby consent to, and waive all defenses of lack of
personal jurisdiction and forum non conveniens with respect to venue
and jurisdiction in the state and federal courts of Florida. Arbitration
under these Terms of Use shall be conducted pursuant to the Commercial
Arbitration Rules then prevailing at the American Arbitration Association.
The arbitrator's award shall be final and binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject
to this Agreement, whether through class action proceedings or otherwise.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of, related to or connected
with the use of the Site or this Agreement must be filed within
one (1) year after such claim or cause of action arose or be forever
banned.
SEVERABILITY
If any these provisions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed several and
shall not affect the validity and enforceability of any remaining
provision.
RETURN AND CANCELLATION POLICY
Our official return policy for all Cooljsonline products is
as follows:
Cooljsonline will, at its discretion, allow for the return or replacement
of any defective product within 60 days from the date of purchase.
For recurring billing products, returns for more than one payment
may be provided if requested within the standard 60 day return period.
After 60 days all sales are final.
When a customer reaches us by phone or email, our first response
is to offer technical support for the product. However, in some
cases a product may be unsatisfactory to the customer for reasons
completely beyond our control in which case a cancellation or a
refund may be processed.
Customers requesting serial or repeated returns will be blocked
from making further purchases.
Customers requesting a return within 60 days of purchase may be
approved by our customer service team if the customer provides evidence
that their case merits a return.
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