Terms and Conditions of Use

Introduction

These Terms and Conditions of Use (“Terms”) govern your use of the Catergator® Cooler website, including both www.catergatorcooler.com and any other sites, microsites, mobile applications, APIs, or other online properties operated by Catergator® Cooler (collectively the “Website”) and our online store services (the “Services”).

Please read these Terms carefully before accessing or using any part of our Website or Services. By using any part of the Website or Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Website or Services.

We may modify these Terms at any time, and updated versions will be effective once posted. Your continued use of the Website or Services after any change in these Terms will constitute your acceptance of the new Terms.

These Terms were last updated on January 1, 2023.

Use of the Website and Services

Eligibility: The Website and Services are intended solely for users who are 18 years of age or older. Any access or use by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. By accessing or using the Website or Services, you represent and warrant that you are 18 or older.

Account Registration: Certain features or services offered on or through the Website may require you to first complete the registration process by providing complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your account password and for any and all activities that occur under your account. You agree to notify Catergator® Cooler immediately of any unauthorized use or any other breach of security related to your account. Catergator® Cooler will not be liable for any loss or damages from your failure to comply with this security obligation. You may be held liable for losses incurred by Catergator® Cooler or any other user of or visitor to the Website due to someone else using your user account as a result of your failure to keep your account information secure and confidential.

Prohibited Activities: You agree that you will not violate any applicable law, contract, intellectual property right, or other third-party right, and that you are solely responsible for your conduct while accessing or using the Website or Services. You agree that you will abide by these Terms and will not:

• Provide false or misleading information to Catergator® Cooler;
• Use or attempt to use another user’s account without authorization;
• Interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website or Services;
• Take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• Upload invalid data, viruses, worms, or other software agents through the Website or Services;
• Collect or harvest any personally identifiable information, including account names or information, from the Website or Services;
• Use the Website or Services for any commercial solicitation purposes;
• Impersonate another person or otherwise misrepresent your affiliation with a person or entity;
• Conduct fraud, hide, or attempt to hide your identity;
• Interfere with the proper working of the Website or Services; or
• Access, tamper with, or use non-public areas of the Website or Services.

Intellectual Property; Limited License: The Website and Services contain intellectual property owned by Catergator® Cooler and our affiliates and licensors, including, without limitation, copyrights, patents, trademarks, and other proprietary rights (“Catergator IP”). You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on Catergator IP, other than as expressly permitted herein. Except for the limited license granted in these Terms, Catergator® Cooler does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.

Third-Party Services: The Website or Services may permit you to link to third party websites or services that are not owned or operated by Catergator® Cooler. We have no control over third party websites and services, and we are not responsible for their availability, content, or security. Your use of third-party websites or services is at your own risk and subject to the terms and conditions of use for such websites or services. We recommend that you review the terms and privacy policies of third-party websites before accessing or using them.

Termination: We may terminate your access to and use of the Website or Services, at our sole discretion, at any time and for any reason. We will have no liability or responsibility to you for any permanent or temporary disablement or termination of your access to or use of any part of the Website or Services.

Online Store Terms

Product Information: We attempt to be as accurate as possible when describing our products on the Website. However, we do not warrant that product descriptions or any other content on the Website is accurate, complete, reliable, current, or error-free.

Prices and Payment Terms:

• Product Prices: Prices published on our Website may differ from prices available elsewhere or in our retail locations. Prices are subject to change without notice. Once we confirm your order, the price will not change except for changes resulting from inaccuracies or changes to the information you provide us. Applicable sales taxes will be added to your order total at checkout.
• Payments: We accept Visa, Mastercard, Discover, and American Express. All transactions are processed securely through industry-standard encryption and security protocols. We do not store your credit card information on our servers.
• Returns and Exchanges: Please review our Return Policy below for information on returns and exchanges.

Product Availability: We try to maintain accurate inventory of our products on the Website. However, items shown on the Website may not always be in stock or available. We cannot guarantee availability of any product.

Order Confirmation: After you place an order, you will receive an order confirmation email with your order number and details. This means we have received your order. It does not indicate acceptance or shipment of your order.

Order Acceptance and Shipment: We reserve the right to refuse service, terminate your order, or cancel already processed orders at any time, for any reason. We generally process and ship orders within 1-2 business days after we accept the order. Please note that some situations, like out-of-stock items or payment issues, may cause delays.

Shipping and Delivery: When your order ships, we will send you a shipment confirmation email with carrier details and a tracking number. We ship only to locations within the United States. Shipping costs will be calculated and displayed at checkout based on weight, dimensions, and your selected shipping method. We cannot ship to P.O. boxes. Unless otherwise noted, stated delivery and transit times are estimates only and are not guaranteed. We are not liable for any delays in shipment or delivery.

Damaged, Defective, or Incorrect Products: When you receive your order, please inspect all products carefully. If you discover any damages, defects, or discrepancies with your order, you must notify us within 3 calendar days of receipt. Failure to do so may disqualify you from returning the product or being refunded or reimbursed. Please contact our Customer Service team to receive a prepaid return shipping label. We are not responsible for any loss or damage to returned shipments.

Returns and Refunds

Please review our Return Policy. We stand behind the quality of our products and your satisfaction with them.

Return Requirements: To be eligible for a return, please keep the following in mind:

• Product must have been purchased directly from Catergator® Cooler and must be unused and in original packaging.
• You have 3 calendar days after receipt to notify us of any defective, damaged, or incorrectly sent items.
• You must return the item within 30 calendar days of notifying us by using our provided prepaid return label.

Return Process: To return a product eligible for return, please contact us to receive a prepaid return shipping label. Once we receive and inspect the returned item, we will issue a refund to your original payment method if eligible under this Return Policy. Refunds may take 3-5 business days to appear on your statement.

Refunds: Refunds requested within 30 calendar days of receipt will include reimbursement of your original shipping costs. Refunds more than 30 days after receipt will not include reimbursement of original shipping costs. If you receive a damaged, defective, or incorrectly sent item, we will refund your full order amount including original shipping costs at any time after receipt.

Exchanges: If you would like to exchange an item for a different size, color, or completely different item, please return the original item as described above and place a new order for the exchange item.

Restocking Fee: All returned items incur a 15% restocking fee, except exchanges or where prohibited by law. The restocking fee will be deducted from your refund amount.

Final Sale Items: All items marked “Final Sale” on the Website cannot be returned or exchanged except for warranty issues. Please choose your selections carefully, as we cannot accept returns or provide refunds on Final Sale items.

Return Shipping: You are responsible for paying the costs of any return shipping unless the return is a result of our error. In case of defective, damaged, or incorrectly sent items, we will provide a prepaid return shipping label upon request.

Your Feedback

We welcome feedback, comments, and suggestions for improvements to the Website or Services. You agree that any submission of any ideas, suggestions, documents, and/or proposals is done without any expectation of confidentiality of any kind, and you thereby waive all rights to any claims whatsoever of trade secret, copyright or any other rights to these materials. Your feedback, comments, and suggestions shall become our property to use without compensation to you.

Disclaimers

YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR ERRORS, OR OTHERWISE RELIABLE, OR (III) ANY DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING THE WEBSITE OR SERVICES.

NO ADVICE, RESULTS, OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WE MAY OFFER NEW OR EXISTING SERVICES VIA LINKS ON THE WEBSITE. YOUR USE OF THOSE SERVICES REQUIRES YOUR AGREEMENT TO ADDITIONAL TERMS THAT WILL BE PRESENTED TO YOU FOR ACCEPTANCE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CATERGATOR® COOLER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CATERGATOR® COOLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CATERGATOR® COOLER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID US IN THE LAST 12 MONTHS.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CATERGATOR® COOLER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You will defend, hold harmless, and indemnify Catergator® Cooler and its subsidiaries, affiliates, officers, directors, agents, partners, and employees from any third-party claim arising from or related to your activities on the Website or Services or your breach of any provision of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

Governing Law

These Terms are governed by the laws of the State of California without regard to conflict of law principles. You agree that any dispute arising out of or relating to these Terms or the Website or Services shall be subject to the exclusive jurisdiction and venue in the state and federal courts located in the Northern District of California, and both parties expressly consent to personal jurisdiction and venue in these courts.

Severability and Survival

Should any provision of these Terms be held to be invalid or unenforceable, then that provision shall be modified to the extent necessary to render it valid and enforceable and as so modified shall be enforced. A determination of invalidity or unenforceability in one jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction. If the provision cannot be modified in a manner that renders it valid and enforceable, then the invalidity or unenforceability in one jurisdiction shall have no effect on the validity or enforceability of that provision in any other jurisdiction, and the invalid or unenforceable provision shall be severable from these Terms in that jurisdiction only, without in any way impairing the validity or enforceability of the Terms as a whole or the provision in any other jurisdiction.

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

Any provisions of these Terms which, by their nature, should survive termination of these Terms shall survive such termination (including, without limitation, all limitations of liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choice of law and judicial forum and intellectual property protections and licenses).

Entire Agreement

These Terms constitute the entire agreement between you and Catergator® Cooler relating to your access to and use of the Website and Services. These Terms supersede any prior or contemporaneous representations or agreements, whether written or oral. Catergator® Cooler will not be bound by any different or additional terms within any purchase order, invoice, or similar document issued by you in connection with these Terms or your use of the Website or Services.

Changes to these Terms

We reserve the right to modify these Terms at any time. Updated versions of the Terms will be posted on the Website and are effective immediately. Please check back frequently to review the latest Terms. By continuing to access the Website or use the Services after a new version of the Terms is effective, you agree to be bound by the updated Terms. If you do not agree to the new terms, please do not continue to use the Website or Services.