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Terms & Conditions

OVERVIEW

COOL BREEZE ICE MACHINES, LLC: TERMS AND CONDITIONS

 

Welcome to our online store! COOL BREEZE ICE MACHINES, LLC (hereafter “Cool
Breeze”) and its associates provide their goods and services to you subject to the
following conditions. If you visit or shop within the Cool Breeze website or purchase any
item from Cool Breeze, you accept these conditions. Please read them carefully. 

ALL SALES FINAL, RISK OF LOSS, AND SOLE REMEDY (MANUFACTURER)

Items purchased from Cool Breeze are made pursuant to a shipment contract. This
basically means that the risk of loss and title for such items pass to you upon our
delivery to the carrier. It is absolutely, positively your responsibility to closely inspect
the unit upon delivery. If you observe any gouges, scrapes, rattling, tears, punctures,
crush marks, broken parts, or any defects whatsoever, you should refuse delivery and
mark “damaged” on the bill of lading or delivery receipt presented to you by the shipper.
If you suspect, based on damaged packaging, that there is something wrong, you
should demand to open and inspect it before signing the bill of lading or delivery receipt
presented to you by the shipper. This may result in a detention charge levied upon you
by the shipper, but that’s better than accepting damaged goods, because IF YOU
ACCEPT DAMAGED GOODS, YOU ARE RESPONSIBLE. You may have recourse against
the shipping company, but you will have to explore that with them or familiarize yourself
with their procedures. All sales with Cool Breeze are final upon our delivery of your item
to the shipper.

Should a problem present itself with the item you purchased from Cool Breeze, your
sole warranty (if any) and remedy is with the manufacturer of the item (e.g.,
Manitowoc). Contact the manufacturer, not Cool Breeze. You can familiarize yourself
with the manufacturer’s warranties (if any) before making your purchase through Cool
Breeze. It is important (and it is your responsibility) to understand the scope of any
warranty the manufacturer may provide, including the meaning of “parts” and “labor”
and the difference in coverage that results from the use of those terms.  

ELECTRONIC COMMUNICATIONS

When you visit Cool Breeze or its website or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you, at our sole discretion, by phone or by e-mail or possibly

by posting notices on this site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.

COPYRIGHT

All content included on the Cool Breeze website, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software, is the
property of Cool Breeze or its content suppliers and protected by international copyright
laws. The compilation of all content on this site is the exclusive property of Cool Breeze,
with copyright authorship for this collection by Cool Breeze, and protected by
international copyright laws.

TRADE MARKS

Cool Breezes trademarks and trade dress may not be used in connection with any
product or service that is not Cool Breeze’s, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits Cool
Breeze. All other trademarks not owned by Cool Breeze or its subsidiaries that appear
on this site are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Cool Breeze or its subsidiaries.

LICENSE AND SITE ACCESS

Cool Breeze grants you a limited license to access and make personal use of this site
and not to download (other than page caching) or modify it, or any portion of it, except
with express written consent of Cool Breeze. This license does not include any resale or
commercial use of this site or its contents: any collection and use of any product
listings, descriptions, or prices: any derivative use of this site or its contents: any
downloading or copying of account information for the benefit of another merchant: or
any use of data mining, robots, or similar data gathering and extraction tools. This site
or any portion of this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express written
consent of Cool Breeze. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page layout, or
form) of Cool Breeze and our associates without express written consent. You may not
use any meta tags or any other "hidden text" utilizing Cool Breezes name or trademarks
without the express written consent of Cool Breeze. Any unauthorized use terminates
the permission or license granted by Cool Breeze. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of Cool Breeze so long as

the link does not portray Cool Breeze, its associates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use any Cool
Breeze logo or other proprietary graphic or trademark as part of the link without express
written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site pursuant to a membership account, you are responsible for
maintaining the confidentiality of your account and password and for restricting access
to your computer, and you agree to accept responsibility for all activities that occur
under your account or password. If you are under 18, you may use our website only with
involvement of a parent or guardian. Cool Breeze and its associates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in their sole
discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Should the Cool Breeze website provide for it, visitors or users may post reviews,
comments, and other content: and submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or
any form of "spam." You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content. Cool Breeze
reserves the right (but not the obligation) to remove or edit such content, but does not
regularly review posted content. If you do post content or submit material, and unless
we indicate otherwise, you grant Cool Breeze and its associates a nonexclusive, royalty-
free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant Cool Breeze and its associates
and sublicensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or otherwise control all
of the rights to the content that you post: that the content is accurate: that use of the
content you supply does not violate this policy and will not cause injury to any person or
entity: and that you will indemnify Cool Breeze or its associates for all claims resulting
from content you supply. Cool Breeze has the right but not the obligation to monitor and
edit or remove any activity or content. Cool Breeze takes no responsibility and assumes
no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

Cool Breeze and its associates attempt to be as accurate as possible. However, Cool
Breeze does not warrant that product descriptions or other content of this site is
accurate, complete, reliable, current, or error-free. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY COOL BREEZE ON AN "AS IS" AND "AS AVAILABLE" BASIS.
COOL BREEZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, COOL BREEZE DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COOL BREEZE DOES
NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM COOL BREEZE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COOL BREEZE WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.

APPLICABLE LAW AND VENUE

By visiting Cool Breeze, you agree that the laws of the state of Florida (United States of
America), without regard to principles of conflict of laws, will govern these Conditions of
Use and any dispute of any sort that might arise between you and Cool Breeze or its
associates. Any action at law stemming from your use of the Cool Breeze website or
your purchase of Cool Breeze’s products shall be brought in Alachua County, Florida.

DISPUTES AND MANDATORY BINDING ARBITRATION

Any dispute relating in any way to your visit to Cool Breeze or to products you purchase
through Cool Breeze shall be submitted to confidential arbitration in Alachua County,
Florida, except that, to the extent you have in any manner violated or threatened to
violate Cool Breezes intellectual property rights, Cool Breeze may seek injunctive or

other appropriate relief in any state or federal court in the County of Alachua or in the
United States District Court for the Northern District of Florida, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American Arbitration Association.
The arbitrators award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party subject
to this Agreement, whether through class arbitration proceedings or otherwise.

CLASS ACTION WAIVER

You hereby agree to waive any class action proceeding or counterclaim against Cool
Breeze, its affiliates, successors or assigns, whether at law or equity, regardless of
which party brings suit. This waiver shall apply to any matter whatsoever between the
parties hereto which arises out of or is related in any way to this Agreement, the
performance of either party, and/or your purchase from Cool Breeze, its affiliates,
successors or assigns of the franchise and/or any goods or services.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies. These policies also govern your visit to Cool Breeze.
We reserve the right to make changes to our site, policies, and these Terms and
Conditions of Use at any time. If any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.

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