Terms and Conditions
4. Consent To Our Communication With You By E-Mail. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for MistCooling Inc to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at Info@MistCooling.com or follow the opt-out procedures set forth in such marketing emails.
5. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following:
(i) your name as it appears on the card,
(ii) your credit card number,
(iii) the credit card type,
(iv) the date of expiration and
(v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final.
All charges from those sales are nonrefundable.
7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MistCooling Inc reserves the right at any time after receipt of your order to accept or decline your order for any reason. MistCooling Inc further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by MistCooling Inc upon shipment of products or performance of services that you have ordered. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
8. No Responsibility To Sell Mispriced Products Or Services. MistCooling Inc shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. MistCooling Inc 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, MistCooling Inc shall immediately issue a credit to your credit card account in the amount of the charge.
9. Modifications to Prices or Billing Terms. MISTCOOLING INC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
10. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
12. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF MISTCOOLING INC'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (10) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, MISTCOOLING INC EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE MISTCOOLING INC SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
14. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), MistCooling Inc Inc. will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the MistCooling Inc and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, MistCooling Inc will terminate the infringing customer's account. MistCooling Inc may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. 512(c), MistCooling Inc has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. MistCooling Inc respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the MistCooling Inc's website, please contact us via facsimile at (832)-460-3062, or email at: Info@mistcooling.com Any written notice describing the infringing activity must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site;
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
15. Seller expression deny.Buyer agrees not to hold seller liable for any copyright, patent, TM infringement. Upon information and belief seller has not violated any patent, copyright, Trademark of buyer or any other third party. By agreeing to these terms and conditions and in consideration of accepting delivery of the product buyer agrees to not file a claim against seller.
16. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site: Returns/Exchange Policy Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
Last modified: July 25, 2012