COTE TERMS OF SERVICE
Last Modified: April 6, 2016
This Site is operated by Cote or its affiliated companies. Cote offers this Site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms, as the same may be amended from time to time, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
If you open an account to use or access this Site or any of its features or services of the Site, you will also be asked to provide a user name and password. You agree that we may store and use any registration data, including your user name and password that you provide for use in maintaining your account. You are entirely responsible for maintaining the confidentiality and security of your password and account. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use of your account, user name, or password (collectively, a "User ID"). Cote shall not be liable for any loss that you incur as a result of someone else using your User ID or password, either with or without your knowledge. You may be held liable for any losses incurred by Cote, its subsidiaries, entities owned, related to or controlled by Cote, officers, directors, employees, consultants, staff, agents, and representatives due to someone else's use of your account or password. Cote reserves the right to refuse registration of, or cancel a User ID, in its sole discretion. You may not sell or transfer your User ID, password, account, or otherwise allow any third party to use your account for any purpose.
SECTION 1 - ACCEPTANCE OF TERMS AND CONDITIONS
Use of this Site is conditioned upon your acceptance of the terms and conditions contained herein, as the same may be amended from time to time. You hereby understand and agree that your use of such Site constitutes acceptance of the terms and conditions set forth in this legal notice. Cote reserves the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this Site.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any minors in your care to use this site.
SECTION 2 - TERMS OF PURCHASE
Certain products or services may be available exclusively online through the Site. All products or services may have limited quantities and are subject to return or exchange only according to our Refund/Returns Policy.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to refuse any order placed with us and, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise these rights on a case-by-case basis.
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 3 - PROHIBITED USE
Any use of this Site for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this Site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this Site, you agree that any and all information transmitted to or with the use of this Site cannot and shall not be deemed confidential or proprietary. We reserve the right to monitor transmissions and investigate any alleged prohibited use of this Site and to disclose any and all information relating to such prohibited use. Cote, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this Site. Any violation of this or any other section contained herein may result in termination of service and or any other action we determine to be appropriate under the circumstances.
SECTION 4 - MODIFICATIONS
This Site may contain typographical errors or technical inaccuracies. Cote reserves the right to modify the content of this Site at any time without prior notice, including prices for our products (including corrections to erroneous pricing discovered after an order is placed). We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Cote’s failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision.
SECTION 5 – TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
This Site contains trademarks, trade names, service marks, copyrights, and/or logos belonging to Cote. Such marks remain the property of Cote. You recognize and acknowledge the ownership of these marks and understand that you do not acquire, through use of this Site, any right, title, or interest in the marks. You agree not to change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
- Attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any Cote server, or (d) any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means.
- Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
- Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Cote’s systems or networks or any systems or networks connected to the Site.
- Use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site.
- Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Cote on or through the Site.
- Use the Site to harvest or collect e-mail addresses or other contact information in a manner inconsistent with these Terms.
- Use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Cote.
- Share your username and/or password. Cote’s Products and Services are intended for use by you only and may not be delivered to, or filed with, third parties.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: firstname.lastname@example.org.
SECTION 6 - THIRD-PARTY RELATIONSHIPS
This Site may contain links to other sites. These links are provided merely to assist the user and these sites are independent of Cote’s site, and we do not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect beliefs held by Cote. The inclusion of a link does not mean that we accept or endorse any of the content contained in such site. You are responsible to protect yourself while associating with any linked site. Cote, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.
SECTION 7 - WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
SECTION 8 - WARRANTIES & LIMITATION OF LIABILITY
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS "NO WARRANTIES" SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 9 - LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE TERMS IN THE AGREEMENT RELATING TO DISCLAIMER OF WARRANTIES, ACCESS AND USE OF COTE PRODUCTS, SERVICES, AUDIT, LIMITATION OF LIABILITY, INDEMNIFICATION, USER’S RELEASE OF CLAIMS, AND PAYMENT FOR COTE PRODUCTS OR SERVICES SHALL SURVIVE ANY TERMINATION OF THE END USER AGREEMENT.
YOU AGREE THAT ANY BREACH BY YOU OF ITS AGREEMENTS WITH COTE WOULD CAUSE COTE AND THE INDEMNIFIED PARTIES IRREPARABLE HARM AND THAT, IN ADDITION TO MONEY DAMAGES, COTE AND THE INDEMNIFIED PARTIES SHALL BE ENTITLED TO INJUNCTIVE RELIEF, WITHOUT HAVING TO POST A BOND.
SECTION 10 - INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless, Cote, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of your use of this Site. Cote has the right to control any defense pertaining to this section.
SECTION 11 - RELATIONSHIP
Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other party.
SECTION 12 - GOVERNING LAW
These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of California, United States of America, without regard to any choice of law principles.
SECTION 13 - JURISDICTION
You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of California and of the United States of America located in California for any and all claims arising from the use of this Site.
SECTION 15 - ENTIRE AGREEMENT
These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.