Terms of Service

Terms of Service
‍

The following terms and conditions govern all use of the https://www.tommycool.com website and all content, services and products available at or through the website. The Website is owned and operated by Tommy Cool Air (or “we” or “us”); Our registered office is:
‍
Tommy Cool Air
3728 Wow Rd Unit B,
Corpus Christi, TX 78413
‍

The term ‘you’ refers to the user or viewer of our website.
‍

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this Site (collectively, the “Agreement”).
‍

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tommy Cool Air, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
‍

Responsibility of Contributors
‍

If you comment on our blog, post material to the Website, post product reviews to the website, post links to the Website, send photographs or other material via email or other means to be posted to the Website, or our blog, our email newsletter, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, photographs, graphics, an audio file, video file, or computer software. By making Content available, you represent and warrant that:
‍

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• The Content is not fraudulent, misleading, or illegal, and does not link to websites or blogs that contain fraudulent, misleading or illegal content. For example, you will not mislead visitors to our Website into thinking that you are another person or company, or that you represent a person or company other than yourself, and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.
• By submitting Content to Tommy Cool Air, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.
• Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion. Tommy Cool Air will have no obligation to provide a refund of any amounts previously paid.

Web Content Accessibility
‍

We are committed to ensuring that individuals with disabilities have access to our goods and services, including those offered through our website in accordance with our Accessibility Statement.
‍

General Terms
‍

Content Posted on Other Websites
‍

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://www.tommycool.com and all its subdomains link to, and that link to https://www.tommycool.com and its subdomains. Tommy Cool Air does not have any control over third-party websites or webpages, and is not responsible for their contents or their use. By linking to a third party website or webpage, we do not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. Tommy Cool Air disclaims any responsibility for any harm resulting from your use of third-party websites and webpages.
‍

Copyright Infringement and DMCA Policy
‍

If you believe material located on or linked to by our site infringes on your copyright(s), please notify us by providing a DMCA notice. Upon receipt of a complete and valid notice, we will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
‍

Tommy Cool Air will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of us or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to Tommy Cool Air.
‍

To File a DMCA notice, Send your complaint to our Designated Agent:
‍

Thomas Mathisen
Tommy Cool Air
3728 Wow Rd Unit B,
Corpus Christi, TX 78413
‍

Your DMCA complaint must include the following:
‍

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• An identification of the copyright claimed to have been infringed;
• A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit us to find and positively identify that material. For example we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc – your complaint refers to;
• Your name, address, telephone number and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Intellectual Property
‍

This Agreement does not transfer from Tommy Cool Air to you any Tommy Cool Air or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tommy Cool Air. Tommy Cool Air, https://www.tommycool.com, our logo, and all other trademarks, service marks, graphics and logos used in connection with our services, or the Website are trademarks or registered trademarks of Tommy Cool Air or Tommy Cool Air licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tommy Cool Air or third-party trademarks.
‍

Changes
‍

Tommy Cool Air reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
‍

Termination
‍

Tommy Cool Air may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your https://www.tommycool.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
‍

Disclaimer of Warranties
‍

The Website is provided “as is”. Tommy Cool Air and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tommy Cool Air nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Content you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
‍

Limitation of Liability
‍

In no event will Tommy Cool Air, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Tommy Cool Air shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
‍

General Representation and Warranty
‍

You represent and warrant that (i) your use of the Website will be in strict accordance with our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
‍

Indemnification
‍

You agree to indemnify and hold harmless Tommy Cool Air, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

‍