Terms and Conditions

Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.

Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

You agree that you will not do any of the following (collectively, the “Code of Conduct”):

Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site

Use the Site or content on or from the Site for any unlawful purpose

Express or imply that any statement you make is endorsed by MRCOOL or its subsidiary, parent or affiliate companies

Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable or infringes MRCOOL or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is nonpublic information about a company or individual without the express written authorization to do so

Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully

Transmit any software or other materials that contain any harmful or malicious code, including, without limitation, viruses, worms, time bombs, date bombs, trojan horses and defects

Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site

Remove any copyright, trademark or other notices of proprietary rights contained on the Site

“Frame” or “mirror” any part of the Site without MRCOOL prior written authorization

Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents

Harvest or collect information about Site visitors

Take any action that imposes an unreasonable or disproportionately large load on MRCOOL infrastructure

Use the Site for any reseller activities. Reseller activities include (i) purchasing products for the purpose of reselling those products through any channel to downstream customers; (ii) placing orders on behalf of other persons for commercial purposes; and (iii) extracting, scraping, mining, copying or otherwise gathering information from the Site in connection with your sale or another party’s sale of products (whether purchased from MRCOOL or another seller) through any channel to downstream customers. Purchasing a product that will be used or consumed as part of a home improvement or construction project performed for another person does not constitute a reseller activity

You acknowledge and agree that (i) all information you provide with regards to a purchase of products and/or services, including, without limitation, credit card, wallet (e.g., ApplePay, etc.), or other payment information, is accurate, current and complete, and (ii) you may be subject to additional terms and conditions of the third-parties providing your chosen payment method. Additionally, you represent and warrant that you have the legal right to use the payment method you provide to us.

In order to access some features of our Services, you may have to obtain an account. An account will be assigned through the Dealer Sign Up process, for more information – see our Dealer Sign Up form

here

.

You may not:

Use another User’s account without permission, or solicit, collect or use the login credentials of other users; or
Sell, transfer, license or assign your account, username, or any account rights.
When creating your account, you must provide true, current, accurate and complete information, and you must update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password secure and you are responsible for the activity that occurs on your account. You may be liable for our losses or the losses of others due to unauthorized use. If you become aware of or suspect any breach of security or unauthorized use of your password or of your account, you should notify us immediately at the address listed at the bottom of this page.
You agree you have the legal right and capacity to enter into these Terms and to comply with all laws, rules and regulations (e.g., federal, state, local and provincial) applicable to your use of our Website and any content you submit, post or display (e.g., images, photographs, graphics, audio, video, text, information, works of authorship, applications, links, and other communications, content or materials) (collectively, “User Submissions”), including without limitation, copyright laws and export laws.
Circumvent, disable or otherwise interfere with any security-related features of our Website or features that prevent or restrict use or copying of any Materials and User Submissions or enforce limitations on use of our Website and the Materials or User Submissions;
Engage in any activity that interferes with or disrupts our Website (or the servers and networks which are connected to our Website), including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
Inject content or code or otherwise alter or interfere with the way any part of our Website is rendered or displayed in a user’s browser or device;
Change, alter or modify any part of our Website for any reason;
Use or launch any type of automated system, including but not limited to, “robots,” “spiders,” or “offline readers,” etc., that accesses our Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
Scrape, embed, frame or hot link the Website or any part thereof, including, but not limited to documents, images, text and code;
Access (or attempt to access) any of our Services, including Submissions, forms, data, documentation, images, and other Website functionality, by any means other than through the interfaces that are provided by us; or use our Website for any illegal or unauthorized purpose.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE, MARKETPLACE PRODUCTS OFFERED BY MARKETPLACE SELLERS, AND THE INTERNET IN GENERAL. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MRCOOL, ALL OF MRCOOL SUBSIDIARY, PARENT OR RELATED COMPANIES, CALL CENTERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

MRCOOL AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT BY MRCOOL OR MRCOOL LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MRCOOL SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITE IS HOSTED AND/OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND/OR (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A HARMFUL NATURE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY. MRCOOL DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE. YOU AGREE THAT MRCOOL AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE SITE, THE INABILITY TO USE THE SITE, OR ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MRCOOL AND/OR ITS SUBSIDIARIES AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This disclaimer does not apply to intentional or wanton acts on the part of MRCOOL. This disclaimer constitutes an essential part of these terms.

You should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.

(A) Any personally identifiable information you may provide to MRCOOL via this website is protected by the Privacy Policy associated with this website. MRCOOL does not want you to, and you should not, send any confidential or proprietary information to I MRCOOL via the website. You agree that any information or materials that you or individuals acting on your behalf provide to MRCOOL will not be considered confidential or proprietary. By providing any such information or materials to MRCOOL, you grant to MRCOOL an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that MRCOOL is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to MRCOOL. You further recognize that MRCOOL does not want you to, and you warrant that you shall not, provide any information or materials to MRCOOL that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

(B) MRCOOL shall have the right, but not the obligation, to monitor the content and/or use of this website to determine compliance with this Agreement and any operating rules established by MRCOOL and to satisfy any law, regulation or authorized government request. MRCOOL shall have the right in its sole discretion to refuse access or limit access to you, and to edit, refuse to post or remove any material submitted to or posted on this website. Without limiting the foregoing, MRCOOL shall have the right to remove any material that MRCOOL, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. By use of MRCOOL websites, servers, processors or networks, you acknowledge and agree to the fact that MRCOOL shall have the unrestricted right, but not the obligation, to log web addresses and/or utilize other information and/or data relating to use of the website as described in our Privacy Policy, and including, but not limited to the following legitimate business purposes: (a) to provide better support, websites, services and/or products to users of its website, products and/or services, (b) to verify compliance with the terms of this Agreement, (c) for use by MRCOOL for statistical or other analysis of the collective characteristics and behavior of its users, (d) to backup website, user and other data or information and/or provide remote support and/or restoration, (e) to provide or undertake: usage analysis, histories or trending; engineering analysis, histories or trending; failure analysis, histories or trending; warranty analysis, histories or trending; energy analysis, histories or trending; predictive analysis, histories or trending; service analysis, histories or trending; product usage analysis, histories or trending; and/or other desirable analysis, histories or trending, and (f) to otherwise understand and respond to the needs of the users of MRCOOL’s website, products and/or services. Such mining may entail the use of “cookies”, “IP addresses”, or other numeric codes or tracking mechanisms to identify a computer and/or user. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. Users who do not accept cookies may be unable to fully avail themselves of all of MRCOOL’s websites, products and/or services and may have to reenter certain repetitive data each time that data is needed.

Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. MRCOOL makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms, and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk. 

MRCOOL and You each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost and mutually beneficial outcomes. Therefore, You and MRCOOL each agree that, before either of us may commence an arbitration or assert a claim in small claims court, You and MRCOOL will engage in the following informal dispute resolution process:

You must first present any claim or dispute to MRCOOL by contacting the customer care center to allow MRCOOL the opportunity to resolve any dispute. To initiate informal dispute resolution, You must provide MRCOOL your full name and contact information; a description of your claim; information about the specific purchase, transaction or matter at issue; your counsel’s name and contact information, if applicable; and a description of the relief sought.

You and MRCOOL will personally meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this provision. If either You or MRCOOL is represented by counsel, that counsel may, but is not required to, participate in the informal dispute resolution conference.

Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon by us.

Any statute of limitations will be tolled while You and MRCOOL engage in the informal dispute resolution process described in this section.

Choice of Law, Jurisdiction and Venue: 

You agree that this agreement and your use of the Site will be governed by the laws of the state of Kentucky. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Paducah, Kentucky, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and/or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

Waiver of Rights: 

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.

MRCOOL AND YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM, CROSS CLAIM OR THIRD-PARTY CLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE ARISING UNDER THIS AGREEMENT. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, MRCOOL AND YOU AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE HEARD AND RESOLVED IN COURT BY A JURY.

Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings. 

Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding and subject to only limited review by a court. By using the Site, you agree to give up your right to a trial in court except for certain small claims as described below. 

You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against MRCOOL or against any of MRCOOL subsidiary, parent or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that either party may elect to have such claims heard in small claims court if they qualify for hearing by such court.

You must first present any claim or dispute to MRCOOL by contacting the customer care center to allow MRCOOL the opportunity to resolve any dispute, as outlined more fully above. Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon by us. The arbitration of any dispute or claim shall be conducted by and under the rules of the American Arbitration Association (or another nationwide arbitration organization, provided both parties mutually agree on an alternative arbitral tribunal), and there will be NO JURY TRIAL. Any arbitration demand must be signed by the claimant and must include a description of the claim; information about the specific purchase, transaction or matter at issue; and a description of relief sought.

You and MRCOOL agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the US Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Paducah, Kentucky, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a classwide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that (a) the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute, and (b) in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts allowed by law. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.

Any arbitration shall be confidential, and neither you nor MRCOOL may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.

If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.

Claimant will be required to pay any applicable filing fees. All administrative fees and expenses of arbitration will be divided equally between you and MRCOOL. Unless an applicable statute expressly permits awarding attorneys’ fees to the prevailing party, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing. However, as noted above, in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts allowed by law.

Terms & Conditions

Introduction

Your Use of the Site

Privacy Policy

Submissions

Our Content

Cookies

Use of Our Services

Revisions to Terms

Warranty Disclaimer; Limit of Liability

Personal Information, Monitoring, Logging and Data Utilization

Indemnification

Dispute Resolution