Terms and Conditions of Use

Welcome to the MISTCOOLING, INC Web site. By using the MISTCOOLING, INC Web site YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the MISTCOOLING, INC Web site. References to MISTCOOLING, INC herein refer to MISTCOOLING, INC,MistCooling.com, or their affiliates, subsidiaries and designees as deemed appropriate by MISTCOOLING, INC.

 

MISTCOOLING, INC reserves the right to make changes to the MISTCOOLING, INC Web site and its Conditions of Use and Legal Notices at any time. Each time you use the MISTCOOLING, INC Web site, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the MISTCOOLING, INC Web site, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the MISTCOOLING, INC Web site. Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

 

Content

Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to MistCooling Inc, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without MistCooling Inc's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and MistCooling Inc reserves all rights not expressly granted hereunder. MistCooling Inc expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of MistCooling Inc. All other trademarks or service marks are property of their respective owners. The use of any MistCooling Inc trademark or service mark without MistCooling Inc's express written consent is strictly prohibited.

 

Registration

Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify MistCooling Inc immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MistCooling Inc or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You also agree that MistCooling Inc may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation:

 

(1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so,

(2) overcoming software security features limiting use of or protecting any Content,

(3) discontinuance or material modification of the Site or any service offered on or through the Site,

(4) violations of this Terms of Use,

(5) failure to pay for purchases,

(6) suspected or actual copyright infringement,

(7) unexpected operational difficulties, or

(8) requests by law enforcement or other government agencies. You agree that MistCooling Inc will not be liable to you or to any third party for termination of your access to the Site.

 

Consent To Collection

Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, (click here to view), you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases. While MistCooling Inc takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In No Event Shall MistCooling Inc Or Its Affiliates Be Liable For Any Damages (Whether Consequential, Direct, Incidental, Indirect, Punitive, Special Or Otherwise) Arising Out Of, Or In Any Way Connected With, A Third Party's Unauthorized Access To Your Personal Information, Regardless Of Whether Such Damages Are Based On Contract, Strict Liability, Tort Or Other Theories Of Liability, And Also Regardless Of Whether MistCooling Inc Was Given Actual Or Constructive Notice That Damages Were Possible.

 

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.

 

Disclaimers and Limitation of Liability

By using the MISTCOOLING, INC Web site, you expressly agree that use of the MISTCOOLING, INC Web site is at your sole risk. The MISTCOOLING, INC Web site is provided on an "AS IS" and "as available" basis. Neither MISTCOOLING, INC nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the MISTCOOLING, INC Web site will be uninterrupted or error-free. Neither MISTCOOLING, INC nor its Associates warrant the accuracy, integrity or completeness of the content provided on the MISTCOOLING, INC Web site or the products or services offered for sale on the MISTCOOLING, INC Web site. Further, MISTCOOLING, INC makes no representation that content provided on the MISTCOOLING, INC Web site is applicable to, or appropriate for use in, locations outside of the United States. MISTCOOLING, INC and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by MISTCOOLING, INC or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you. Under no circumstances shall MISTCOOLING, INC or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the MISTCOOLING, INC Web site, including but not limited to reliance by you on any information obtained from the MISTCOOLING, INC Web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of MISTCOOLING, INC has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the MISTCOOLING, INC Web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Intended for Users Over 13

The MISTCOOLING, INC Web site is intended for use by individuals 13 years of age or older. The MISTCOOLING, INC Web site is not directed for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this site.

 

Product Display/Colors

The MISTCOOLING, INC Web site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using. Also, slight variations in the product appearance are normal as we are constantly improving products and may choose different suppliers of our products.

 

Errors on Our Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and MISTCOOLING, INC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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 cancelled, MISTCOOLING, INC will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with MISTCOOLING, INC's Return Policy.

 

Pricing Policy

Online prices and selection generally match those in our retail store, but may vary. Prices and offers are subject to change.

 

MISTCOOLING, INC Price Match Guarantee

Buy it now with confidence. MISTCOOLING, INC offers a generous and competitive price match guarantee. For more details, view our "LOW PRICE GUARANTEE" section.

 

Sales Tax Policy

MISTCOOLING, INC collects and remits sales tax as required by U.S. law, for transactions in our stores and on MistCooling.com. If you're a tax-exempt entity, you can take advantage of tax-exempt status for applicable store purchases, as well as for applicable purchases made at MistCooling.com. MISTCOOLING, INC reserves the right not to sell to resellers.

For assistance with tax-exempt MistCooling.com transactions, please call Customer Care at 1-888-493-5967


Paying for Your Order

All payments must be made by VISA, MasterCard, American Express, Discover and PayPal, (each of which may be removed by MistCooling Inc in its sole discretion). International customers may pay via Bank Wire Transfer. Unless expressly set forth on the MistCooling Inc site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT MISTCOOLING INC, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify MistCooling Inc of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If MistCooling Inc does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MistCooling Inc or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. MistCooling Inc shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Texas and any other states or localities that it deems is required. Digital coupons are not redeemable toward the purchase of MISTCOOLING, INC gift cards.

 

Using Promotional Codes

Using Promotional Codes Unlike credit or debit cards, Promotional Codes used on Digital Coupons are debited at the time an order is placed. Digital Coupons will automatically be redeemed to purchase totals, up to the total purchase amount. Digital Coupons must be used prior to their noted expiration date and within a single transaction. Coupon cannot be replaced if it is lost, stolen, deleted, or if you cancel or return your purchase. In the event of a reduction in price below the coupon value, the excess value of the coupon will not be refunded.

 

Using Gift Cards

Gift cards, unlike credit or debit cards, are debited at the time an order is placed. These cards will automatically be redeemed to purchase totals, up to the total purchase amount. In the event the total purchase amount exceeds the value of the card, you will be required to use another card or a credit or debit card to pay the difference. Any amount charged to a credit or debit card will be treated as set forth above. In the event of a partial return of an order using both a gift card and a credit or debit card, returned amounts shall first be credited to the credit or debit card, and any remaining balance will be credited back to the gift card. See our Worry Free Shopping section for more details about returns.

 

Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

 

Order Acceptance/Confirmation

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. The MISTCOOLING, INC Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

 

Return Policy

All sales made through the MISTCOOLING, INC Web site are subject to MISTCOOLING, INC's return policy. For a complete explanation of the return policy, please see Returns in our Worry Free Shopping section. All special and customized systems are not returnable.

 

Order Limitations

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

 

Order Limitations/Limited Quantities

MISTCOOLING, INC may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. MISTCOOLING, INC also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same MISTCOOLING, INC Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. MISTCOOLING, INC reserves the right to limit or prohibit sales to dealers.

 

Indemnification

You agree to indemnify and hold harmless MistCooling Inc and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

 

Disclaimer of Warranties

The Site, Products, Services, Content, Artwork, Data, And Information Are Provided "As Is." All Of MistCooling Inc's Physical Products Are Guaranteed Against Material Defects For Fifteen (15) Days From The Date Of Invoice. Except As Expressly Stated in our Warranty Section, 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.

 

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.

 

Shipping

All orders placed on this site are subject to product availability and will be shipped according to MISTCOOLING, INC's shipping policies. In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail. Please review the Worldwide Shipping page in our Worry Free Shopping section for additional information on shipping times, rates and policies.

 

Termination of Use

MISTCOOLING, INC may, in its sole discretion, terminate your account or your use of the MISTCOOLING, INC Web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. MISTCOOLING, INC reserves the right to change, suspend or discontinue all or any aspects of the MISTCOOLING, INC Web site at any time without prior notice.

 

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.

 

General

No delay or failure to take action under this Terms of Use shall constitute any waiver by MistCooling Inc of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of MistCooling Inc's permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of Texas without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts, in the State of Texas. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. MistCooling Inc may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between MistCooling Inc and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

 

This Terms of Use Agreement ("Terms of Use") applies to use of the Mist Cooling Inc website located at www.mistcooling.com> (the "Site"). The Site is the property of Mist Cooling Inc. Before you make any purchases, you must first establish a customer account ("My Account"). BY USING THIS SITE AND/OR PLACING YOUR ORDER THOUGH OUR WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

 


Phone: 281-633-0109

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