TERMS and CONDITIONS

Terms and Conditions

By accessing or using www.coogi.com, a COOGI mobile application or other COOGI product or service on any computer, mobile phone, tablet, console or other device, and the pages, features, information, content, applications and services contained therein from time to time (collectively, the “Web Site”), you agree to these terms and conditions (“Terms and Conditions” or this “Agreement”). If you do not agree to these Terms and Conditions, you should not use the service. COOGI LLC (“COOGI”) reserves the right to make changes to the Web Site and these Terms and Conditions at any time. The changes will take effect upon their posting on the Web Site (unless otherwise noted in such changes). Please review these Terms and Conditions as often as you feel necessary, since your continued viewing of and/or use of the Web Site will serve as your confirmation that you agree with and accept any and all changes. To understand our privacy practices, please review our Privacy Policy, which also governs your use of the Service.

PRIVACY

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Web Site.

Use of this website

The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, COOGI and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Mobile Services

The Web Site may contain services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or mobile devices. By using COOGI’s Web Site and mobile services, you agree that COOGI may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with COOGI. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that COOGI does not send your messages to a different person.

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of COOGI and/or its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.

Linking to this website and third party links

Creating or maintaining any link from another web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by COOGI or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither COOGI nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.

Inappropriate materials

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

User information

Other than personally identifiable information, which is subject to this Web Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. COOGI, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

Unsolicited Ideas and Inventions

COOGI or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to COOGI or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when COOGI’s products or marketing strategies might seem similar to ideas submitted to COOGI. COOGI realizes the possibility exists that it will miss out on a good suggestion by adopting this strict policy and procedure. However, experience has shown us that this policy, which is shared by most major corporations, is the approach we consider to be in the best long term interest of everyone, legally protecting the interests of all parties involved. From a legal standpoint, we hope you understand COOGI’s position. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your submissions and by your submission of ideas, you agree to these terms:

A. Terms of Idea Submission

You agree that subject to any existing trademark, copyright, patent or other intellectual property rights you may own or possess: (1) your submissions and their contents will automatically become licensed in perpetuity to COOGI, without any compensation to you; (2) COOGI may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for COOGI to review the submission; and (4) there is no obligation to keep any submissions confidential.

B. Product feedback

Although the policy dictates COOGI cannot consider your idea, and COOGI cannot offer you any compensation for this idea, this in no way reflects on its merits, and we greatly appreciate your interest in COOGI. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found on the COOGI.com Web Site, or you can choose from other listed areas for your feedback. Please provide only specific feedback on COOGI’s existing products or marketing strategies; do not include any ideas that COOGI’s policy will not permit it to accept or consider. It’s just one more way that COOGI can learn how to best satisfy your needs. Any feedback you provide at this site shall be deemed to be non-confidential. COOGI shall be free to use such information on an unrestricted basis.

PRODUCT ORDERS

All orders placed through the Web Site are subject to COOGI’s acceptance. This means that COOGI may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, COOGI will issue you a refund.

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your COOGI account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Web Site. COOGI is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

TERMINATION

COOGI reserves the right in its sole discretion to terminate your account, delete your profile and any of your submissions, and restrict your use of all or any part of the Web Site for any or no reason, without notice, and without liability to you or anyone else. COOGI also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Web Site.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless COOGI its affiliates, officers, directors, employees, agents, members, principals, insurers, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your submissions, your use of content on this Web Site, your use of the Web Site, your conduct in connection with the Web Site or with other Web Site users, or any violation of these Terms of Use, any law or the rights of any third party.

LIMITATION OF LIABILITY

COOGI SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEB SITE OR THE CONDUCT OF OTHER WEB SITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT AN COOGI EVENT OR ANY USER GENERATED CONTENT, EVEN IF COOGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE. YOUR ONLY REMEDY AGAINST COOGI FOR USE OF THE WEB SITE OR ANY CONTENT IS TO STOP USING THE WEB SITE.

Disclaimer

COOGI DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE WEB SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE WEB SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. COOGI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES. To the fullest extent permitted by law, COOGI disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. COOGI neither guarantees nor promises any specific results from use of the Web Site. COOGI does not represent or warrant that the Web Site will be uninterrupted or error-free, that any defects will be corrected, or that this Web Site or the server that makes the Web Site available are free of viruses or anything else harmful. To the fullest extent permitted by law, COOGI does not make any warranties or representations regarding the use of the materials or Content in the Web Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other such Device in which you access the Web Site, loss of data or other harm of any kind that may result. COOGI reserves the right to change any and all Content and other items used or contained in the Web Site at any time without notice.

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