Terms of Use
This is an Agreement between you and Cool Comforts (“CC”). This Agreement applies to the www.ourvulvalution.com website and any other websites owned or operated by CC (collectively, the “CC Website”). The Cool Comforts strives to meet women’s unmet feminine care needs. This CC site is intended to improve women’s lives through education, advocacy and product offerings. Cool Comforts is not a medical authority and strongly recommends that you consult your own health care provider regarding any course of treatment or medication. Cool Comforts’ Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CC Website constitutes your agreement to all such terms, conditions, and notices.
The Cool Comforts’ Website is not intended for use by children under 13.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the CC Website, you warrant to CC that you will not use the CC Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CC Website in any manner, which could damage, disable, overburden, or impair the CC Website or interfere with any other party’s use and enjoyment of the CC Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CC Website.
You agree that when using the CC Website, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any material that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the CC Website.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
CC has no obligation to monitor any user supplied comments or content. CC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CC’s sole discretion.
REPRESENTATIONS AND WARRANTIES You hereby represent, warrant, and covenant for the benefit of CC and Affiliates that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; and (2) all information you provide to CC in connection with this Agreement and your access to the CC Website and use of the CC Website or content is correct and current.
PRIVACY POLICY Use of the CC Website is also governed by the Privacy Statement at 1/1/2022 which is incorporated into these Terms of Use by this reference.
LIABILITY DISCLAIMER
CC has taken reasonable efforts to ensure that the information contained on the CC Website is accurate. However, all information is provided “AS IS” and is used at your own risk.
THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CC WEBSITE MAY INCLUDE INACCURACIES AND ERRORS. CC AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CC WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE CC WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CC AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES CONTAINED ON THE CC WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CC AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, MATERIALS, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CC AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CC WEBSITE, WITH THE DELAY OR INABILITY TO USE THE CC WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OBTAINED THROUGH THE CC WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CC WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CC OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CC WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CC WEBSITE.
MODIFICATION OF THESE TERMS OF USE
CC reserves the right to change the terms, conditions, and notices under which the CC Website is offered, including but not limited to the charges associated with the use of the CC Website.
LINKS TO THIRD PARTY SITES
The CC Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of CC and CC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CC is not responsible for webcasting or any other form of transmission received from any Linked Site. CC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CC of the site or any association with its operators.
TERMINATION/ACCESS RESTRICTION
CC reserves the right, in its sole discretion, to terminate your access to the CC Website and the related services or any portion thereof at any time, without notice.
GENERAL
This Agreement is governed by the laws of the State of Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the Hamilton County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the CC Website. Use of the CC Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CC as a result of this Agreement or use of the CC Website.
CC’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of CC’s right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the CC Website or information provided to or gathered by CC with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement, together with the Privacy Statement, constitutes the entire agreement between you and CC with respect to the CC Website and it supersedes all prior or contemporaneous agreements, communications and proposals, whether electronic, oral or written, between the User and CC with respect to the CC Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CONTENT
The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content available on or offered through the CC Website (such Content, collectively, “Site Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights Unless otherwise noted on the CC Website, all Site Content is owned by CC and Affiliates or their suppliers or licensors.
Any rights not expressly granted herein are reserved.
Notice
Where we require that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Cool Comforts Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Cool Comforts at the following address: 4724 Vine, Cincinnati, OH 45217. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Consumer Complaints
In accordance with Ohio Revised Code §1345, you may report complaints to the Ohio Attorney General, Department of Consumer Affairs by contacting them in online: https://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers/File-a-Complaint
International Users
The Service is controlled and offered by Cool Comforts’ from its facilities in Cincinnati, Ohio. We make no representations that the Service is appropriate or available for use in other locations. Cool Comfort’s current does not ship outside of the US. Those who access or use our Service from other countries do so at their own volition and are responsible for compliance with local law.