Terms and Conditions

Last updated May 14, 2024

These Terms and Conditions of Use apply to the website located at this website www.buycool360.com.

Spark Innovators, Corp. (“Spark Innovators”) provides this Site for advertising, marketing and purchasing products and services subject to the following terms and conditions. By accessing or using this Site, including the purchase of products and services, you agree to be bound by these Terms and Conditions of Use. Your use of this Site is subject to our Privacy Policy and California Consumer Privacy Act Disclosures. Please review the policy for more on how we collect and use information. If you are unwilling to be bound by these Terms and Conditions of Use, Privacy Policy and California Consumer Privacy Act Disclosures, you must not access or use this Site.

LIMITATION OF LIABILITY
THE SITE AND ALL PARTS THEREOF ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPARK INNOVATORS MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

IN ALL CIRCUMSTANCES SPARK INNOVATOR'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. SPARK INNOVATORS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. SPARK INNOVATORS SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT SPARK INNOVATORS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. SPARK INNOVATORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPARK INNOVATORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE PURCHASED THE SITE.

SITE INFORMATION
We make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change. Sometimes an item may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. If a product offered by Spark Innovators is not as described, you may return it according to our return policy. If you are dissatisfied with the Site, the Site content, or the Terms and Conditions of Use or Privacy Policy, you agree that your sole and exclusive remedy is that you may discontinue using the Site.

INTELLECTUAL PROPERTY
This Site and all content included on or in the Site, including text, images, videos, information, data, software, photographs, graphs, videos, graphics, music, sounds and other material (collectively "Content") may be protected by trademark, copyright and/or other proprietary rights owned by Spark Innovators, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. You may not use the Content or any part thereof for your own purposes. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content. You may not modify or alter the Content, copy or post the Content, or broadcast the Content in any media.

ORDER POLICY & SHIPPING.
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. Spark Innovators reserves the right at any time after receipt of your order to accept or decline your order for any reason. Spark Innovators reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item with the appropriate price adjustment. We may require additional verification or information before accepting any order. All orders placed on this Site are subject to product availability. All items purchased from Spark Innovators are sent by a third-party carrier. If you are not fully satisfied with your purchase, you may return it in accordance with our return policy.

ARBITRATION AGREEMENT. If you have a dispute relating to your use of the Site or use or purchase of Spark Innovators Corp. product or service (collectively "Disputes"), you agree to first contact Spark Innovators Corp by mail at: 350 Two Bridges Rd, Suite 350, Fairfield, NJ 07004. If we cannot resolve the dispute informally, any and all disputes shall be submitted to final and binding arbitration. Either you or Spark Innovators Corp. may start the arbitration process by submitting a written demand to the American Arbitration Association ("AAA") and sending a copy to Spark Innovators Corp. Spark Innovators Corp. will pay all filing costs. A single arbitrator of the AAA will conduct the arbitration in a location convenient to you or telephonically. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration will be conducted in accordance with the provisions of the AAA's Consumer Arbitration Rules in effect at the time of submission of the demand for arbitration. See https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Empower Brands will pay all the filing costs. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

A. FOR CANADIAN RESIDENTS. This arbitration agreement is governed by Canadian law. Arbitration would take place in a location convenient to you in Canada or telephonically.

B. WAIVER OF RIGHT TO SUE. By agreeing to arbitration, you understand that, to the maximum extent permitted by law, you are agreeing to waive your right to file suit in any court, to a court hearing, judge trial and jury trial.

C. CLASS ACTION WAIVER. To the maximum extent permitted by law, you expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

D. OPT OUT PROCEDURE. To opt out of arbitration you must contact us and request to opt out of arbitration. To opt out of arbitration contact us at Spark Innovators Corp, 30 Two Bridges Road, Suite 350, Fairfield, NJ 07004 (mailing address). You have thirty (30) days from the date of product delivery or purchase, whichever is later, to opt out of arbitration with respect to any dispute arising out of or relating to your use or purchase of a Spark Innovators Corp. product. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration and you will have waived your right to sue and your right to participate in a class action with respect to the dispute arising out of your purchase or use of a Spark Innovators Corp. product. For any dispute arising out of your use of Spark Innovators Corps’ website, you have thirty (30) days from the date you provided information to the website to opt out of arbitration. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration and you will have waived your right to sue and your right to participate in a class action with respect to the dispute arising out of your use of Spark Innovators Corps’ website.

F. MATTERS NOT SUBJECT TO ARBITRATION. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of New York: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Spark Innovators against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

APPLICABLE LAW
The laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between Spark Innovators and You.

SEVERABILITY
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.

WAIVER
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

ENTIRE AGREEMENT
These Terms and Conditions of Use are the complete and exclusive agreement between us, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between us relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.