Terms and Conditions of Use
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 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 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 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,
(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 will not be liable to you or to any third party for termination of your access to the Site.
Consent To Collection
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 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, Web site, you expressly agree that use of the MISTCOOLING, Web site is at your sole risk. The MISTCOOLING, Web site is provided on an "AS IS" and "as available" basis. Neither MISTCOOLING, 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, Web site will be uninterrupted or error-free. Neither MISTCOOLING, nor its Associates warrant the accuracy, integrity or completeness of the content provided on the MISTCOOLING, Web site or the products or services offered for sale on the MISTCOOLING, Web site. Further, MISTCOOLING, makes no representation that content provided on the MISTCOOLING, Web site is applicable to, or appropriate for use in, locations outside of the United States. MISTCOOLING, 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, 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, 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, Web site, including but not limited to reliance by you on any information obtained from the MISTCOOLING, 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, 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, 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, Web site is intended for use by individuals 13 years of age or older. The MISTCOOLING, 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.
The MISTCOOLING, 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, 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, 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's Return Policy.
Online prices and selection generally match those in our retail store, but may vary. Prices and offers are subject to change.
Sales Tax Policy
MISTCOOLING, 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, reserves the right not to sell to resellers.
For assistance with tax-exempt MistCooling.com transactions, please call Customer Care at 602-495-9544
Paying for Your Order
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.
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, Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
All sales made through the MISTCOOLING, Web site are subject to MISTCOOLING, 's return policy. For a complete explanation of the return policy, please see Returns in our Worry Free Shopping section.
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, may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. MISTCOOLING, also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same MISTCOOLING, 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, reserves the right to limit or prohibit sales to dealers.
Disclaimer of Warranties
The Site, Products, Services, Content, Artwork, Data, And Information Are Provided "As Is." All Of MistCooling'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 Expressly Disclaims All Warranties And/or Conditions, Express Or Implied, As To Any Matter Whatsoever Relating To Or Referenced By The MistCooling 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 . 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 and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, MistCooling will terminate the infringing customer's account. MistCooling 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 has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. MistCooling 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 '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.
All orders placed on this site are subject to product availability and will be shipped according to MISTCOOLING'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, may, in its sole discretion, terminate your account or your use of the MISTCOOLING, Web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. MISTCOOLING, reserves the right to change, suspend or discontinue all or any aspects of the MISTCOOLING, Web site at any time without prior notice.
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.