By signing up for a CoolMo Design Account (as defined in Section 1) or by using any CoolMo Design Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). As used in these Terms of Service, “we”, “us”, “CoolMo”, “CoolMo Design” and “Haumann Professional, LLC” means the applicable CoolMo Design Contracting Party (as defined in Section 4 below). The services offered by CoolMo Design, a division of Haumann Professional, LLC under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by CoolMo are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.CoolMoDesign.com/legal/terms. CoolMo reserves the right to update and change the Terms of Service by posting updates and changes to the CoolMo website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Services immediately.
Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using CoolMo or any CoolMo services, you are agreeing to these terms. Be sure to occasionally check back for updates.
To access and use the Services, you must register for a CoolMo account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. CoolMo may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by CoolMo for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that CoolMo will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
You are responsible for keeping your password secure. CoolMo cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of CoolMo may result in an immediate termination of your Services.
You are responsible for your Account and any Materials you upload to the CoolMo Service. Remember that if you violate these terms we may cancel your service. If we need to reach you, we will send you an email.
Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your CoolMo Store can only be associated with one Store Owner. A Store Owner may have multiple CoolMo Stores. “Store” means the online store or physical retail location(s) associated with the Account.
Based on your CoolMo pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
Your CoolMo Store can only be associated with one Store Owner. A Store Owner may have multiple CoolMo Stores. “Store” means the online store or physical retail location(s) associated with the Account.
It is the responsibility of the Store Owner to obtain and provide requested information regarding their payment processing accounts. CoolMo will assist with setting up payment gateways for the Store Owner but it is the responsibility of the Store Owner to manage any and all issues relating to payments with the respective payment processor companies. CoolMo accepts no labiality whatsoever regarding payment processing issues.
Upon purchasing a domain name through CoolMo, domain registration will be preset to automatically renew each year, at then prevailing rates, so long as your CoolMo Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
Only one person can be the “Store Owner”, usually the person signing up for the CoolMo Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account. You are responsible for activating and deactivating any/all payment accounts and complying with their terms, which are with various third parties. Any domain you purchase through us will automatically renew unless you opt out.
Technical support in respect of the Services is only provided to CoolMo Users.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Texas County of Tarrant and the laws of the United States of America applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that CoolMo may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on CoolMo’s website, available at https://www.CoolMoDesign.com/legal/terms-of-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to CoolMo’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. If the EU Terms apply to your Store, then amendments to these Terms of Service will be provided in accordance with the EU Terms.
You may not use the CoolMo Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States of America. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
Client is to supply materials and content requested by CoolMo Design to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client's failure to supply such materials leads to a delay in completion of the work, CoolMo Design has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client's failure to supply materials prevents progress on the Work for more than 21 days, CoolMo Design has the right stop all development on Client's site until such time Client provides the requested content. Billing shall continue as per Client's selected Plan without discount until such time as Client cancels or provides requested content and development recommences.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by CoolMo.
You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use CoolMo or CoolMo trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to CoolMo Support.
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with these Terms of Service of the SMS provider you choose and the laws of the jurisdiction from which you send messages, and in which your messages are received.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and CoolMo’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.CoolMo.com/members/legal/terms-of-service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by CoolMo (acting in its sole discretion) or as required by applicable law.
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. CoolMo shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without CoolMo’s prior written consent, to be given or withheld in CoolMo’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination or expiration of these Terms of Service.
“CoolMo Contracting Party” means Haumann Professional, LLC dba: CoolMoDesign.com, a Texas, USA corporation, with offices located at 900 N Walnut Creek Drive, Suite 100-265, Mansfield, TX 76063.
The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Texas, County of Tarrant with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
The CoolMo service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If you or your employees or contractors use CoolMo’s APIs, you will comply with our API terms. Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted via your payment processor. If a dispute arises you may bring an action, but only in Tarrant County, Texas, USA.
We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any CoolMo customer, CoolMo employee, member, or officer will result in immediate Account termination.
CoolMo does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that CoolMo employees and contractors may also be CoolMo customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
CoolMo retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, CoolMo reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime. In the event of an ownership dispute over a CoolMo account, we can freeze the account or transfer it to the rightful owner, as determined by us.
“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. CoolMo’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 5. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
Both you and CoolMo agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
You expressly understand and agree that, to the extent permitted by applicable laws, CoolMo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall CoolMo or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, CoolMo partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
CoolMo does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
CoolMo does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
CoolMo does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.
The failure of CoolMo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and CoolMo and govern your use of the Services and your Account, superseding any prior agreements between you and CoolMo (including, but not limited to, any prior versions of the Terms of Service).
If CoolMo chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later. These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and CoolMo don’t apply if they conflict with these terms.
We do not claim any intellectual property rights over the Materials you provide to the CoolMo Service. All Materials you upload remains yours. You can remove your CoolMo Store at any time by deleting your Account.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow CoolMo to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that CoolMo can, at any time, review and delete all the Materials submitted to its Service, although CoolMo is not obligated to do so.
You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
CoolMo shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
CoolMo shall retain ownership of any intellectual property it provides to assist Store Owner with the operation of their Store. Upon cancellation of CoolMo service, Store Owner is entitled to download their content but not the content of CoolMo.
Anything you upload remains yours and is your responsibility. Anything we create remains ours.
You may establish the appearance of your CoolMo Store with a design template (“a Theme”) from CoolMo. You are not permitted to transfer or sell a Theme to any other person on CoolMo or elsewhere.
You may modify the Theme to suit your Store. CoolMo may add or modify the footer in a Theme that refers to CoolMo at its discretion. CoolMo may modify the Theme where it contains, in our sole discretion, an element that violates the CoolMo AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. CoolMo may modify the Theme to reflect technical changes and updates as required.
The intellectual property rights of the Theme remain the property of the designer and your license to use said theme expire upon closing of your CoolMo Store.
You can modify the look of your site using the provided Theme, but respect that designers own their Themes, so don’t infringe on their rights. Your license to use CoolMo’s theme is only valid while you maintain an active paid account.
CoolMo employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or CoolMo’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant CoolMo the right to employ such Content Scanning. CoolMo does not warrant that the Email Services will be free from Threats, and each CoolMo merchant is responsible for all content generated by their respective Stores.
BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). COOLMO, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
Your use of the Email Services must follow all applicable guidelines established by CoolMo. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
using purchased or rented email lists;
using third party email addresses, domain names, or mail servers without proper permission;
sending emails to non-specific addresses (e.g., firstname.lastname@example.org or email@example.com);
sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
failing to include in each email your valid physical mailing address or a link to that information; or
including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify CoolMo at abuse@CoolMo.com. CoolMo will determine compliance with the Email Services Requirements in its discretion.
By using the Email Services, you agree that CoolMo may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies.
You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any fees relating to your purchase or use of any products or services such as CoolMo domain names, Graphic Design Services, Content Development, Training, Experts Center, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. CoolMo will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and CoolMo will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at CoolMo’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we will suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, CoolMo reserves the right to terminate your Account. When an account is terminated ALL files related to that account are deleted permanently and cannot be retrieved including emails and email accounts.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of CoolMo’s products and services. To the extent that CoolMo charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to CoolMo of your exemption. If you are not charged Taxes by CoolMo, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to CoolMo under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by CoolMo to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. CoolMo shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
You must maintain an accurate location in the administration menu of your CoolMo Store. If you change jurisdictions you must promptly update your location in the administration menu.
CoolMo does not provide refunds.
A valid payment method (a credit card) is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Additional Fees will be charged to your payment method. If we are not able to process payment of Fees using your payment method, we will try again in 3 days. If we are unable to process payment of Fees on the second attempt, we will make a third and final attempt three days later. If payment of Fees is unsuccessful after three attempts, CoolMo may freeze your store. You may be required to remit Taxes to CoolMo or to self-remit to your local taxing authority. No refunds.
You may cancel your Account and terminate the Terms of Service at any time by contacting CoolMo Support and then following the specific instructions indicated to you in CoolMo’s response. As your Store is important we will require you to respond very specifically and only through your main email account associated with your account. This is to protect your Store from unauthorized termination.
Upon termination of the Services by either party for any reason:
CoolMo will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;.
any outstanding balance owed to CoolMo for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your Store website will be taken offline and your files deleted.
If you purchased a domain name through CoolMo, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the CoolMo Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Fraud: Without limiting any other remedies, CoolMo may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.
To initiate a termination contact Support. CoolMo will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through CoolMo will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice. Once you initial a termination, said termination can happen immediately and once done your files are unrecoverable. Be sure to backup YOUR data before you request a termination.
Prices for using the Services are subject to change upon 30 days’ notice from CoolMo. Such notice may be provided at any time by posting the changes to the CoolMo Site (CoolMoDesign.com) or the administration menu of your CoolMo Store via an announcement.
CoolMo reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
CoolMo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
CoolMo may from time to time recommend, provide you with access to, or enable third party software, applications (“Plugins”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the CoolMo Members Portal. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
Any use by you of Third Party Services offered through the Services or CoolMo’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, CoolMo may receive a revenue share from Third Party Providers that CoolMo recommends to you or that you otherwise engage through your use of the Services or CoolMo’s website.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that CoolMo has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on CoolMo’s websites or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with CoolMo. CoolMo does not guarantee the availability of Third Party Services and you acknowledge that CoolMo may disable access to any Third Party Services at any time in its sole discretion and without notice to you. CoolMo is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. CoolMo strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. CoolMo is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and CoolMo is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances shall CoolMo be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if CoolMo has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, CoolMo partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the CoolMo platform, you permit us to send your data to those services. Should any Third Party Service be determined by CoolMo to be damaging in any way to CoolMo systems it will be removed without notice from our system. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.
From time to time, CoolMo may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which CoolMo will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered CoolMo Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without CoolMo’s prior written consent. CoolMo makes no representations or warranties that the Beta Services will function. CoolMo may discontinue the Beta Services at any time in its sole discretion. CoolMo will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. CoolMo may change or not release a final or commercial version of a Beta Service in our sole discretion.
CoolMo welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to CoolMo be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to CoolMo (whether submitted directly to CoolMo or posted on any CoolMo hosted forum or page), you waive any and all rights in the Feedback and that CoolMo is free to implement and use the Feedback if desired, as provided by you or as modified by CoolMo, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to CoolMo must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. CoolMo reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
CoolMo supports the protection of intellectual property and asks CoolMo merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to CoolMo’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.
CoolMo respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.If you believe one of our merchants is infringing your intellectual property rights, you can send CoolMo a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.
Save for CoolMo and its affiliates, CoolMo Users or anyone accessing CoolMo Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
Only CoolMo, CoolMo Users and persons accessing CoolMo Services have any rights under these Terms of Service.
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, CoolMo’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.
This page was updated on 27th August 2020 and replaces the prior version in its entirety