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Terms and Conditions

This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the Thecoolwaters web site which is identified by the uniform resource locator www.thecoolwaters.com (the"Site"). This Agreement is entered into between you as the user of the Site (the" User") and The Coolwaters Publishing Firm("Thecoolwaters").

  1. Application of and Acceptance of Terms and Conditions.

    1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Thecoolwaters as a registered User or whether said User is a paying customer for a specific service provided by Thecoolwaters. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

    1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.

    1.3 Thecoolwaters may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on August 18, 2007. Posting by Thecoolwaters of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Thecoolwaters .

  2. Premium Services.
    2.1 Access to the Site and certain of its features are provided to all Users free of charge. However, Thecoolwaters reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process.
  3. 2.2 Thecoolwaters reserves the right to deny Premium Services to any User for whatever reason in order to protect the interests of Thecoolwaters .
  4. Users Generally.

    3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Thecoolwaters Content") for the purpose of re-selling or re-distributing the Thecoolwaters Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Thecoolwaters , or otherwise commercially exploiting the Thecoolwaters Content. Systematic retrieval of Thecoolwaters Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Thecoolwaters is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

    3.2 Some of the Thecoolwaters Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Thecoolwaters is not the author of third-party content, whether contributed by anonymous users or paid content providers. Neither Thecoolwaters nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Thecoolwaters is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Thecoolwaters is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.

    3.3 Thecoolwaters may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Thecoolwaters has no control over such third party's web site, does not monitor such sites, and Thecoolwaters shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.

    3.4 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.5 below.

    3.5 Thecoolwaters reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Thecoolwaters be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

    3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Thecoolwaters and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.

    3.7 We urge that you read Thecoolwaters 's Privacy Policy which governs the protection and use of each User's information in Thecoolwaters 's possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that Thecoolwaters may change the Privacy Policy from time to time provided that Thecoolwaters shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.

    3.8 As a condition of your access to and use of Thecoolwaters , you agree that you will not use the Thecoolwaters service to infringe the intellectual property rights of others in any way. Thecoolwaters will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, Thecoolwaters reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Thecoolwaters service, or if Thecoolwaters believes that user conduct is harmful to the interests of Thecoolwaters , its affiliates, or other users, or for any other reason in Thecoolwaters 's sole discretion, with or without cause.

  5. General

    10.1 Subject to any additional agreements relating to TrustPass Services, this Agreement and the Privacy Policy constitute the entire agreement between the User and Thecoolwaters with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

    10.2 Thecoolwaters and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

    10.3 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

    10.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

    10.5 Thecoolwaters 's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Thecoolwaters 's right to act with respect with subsequent or similar breaches.

    10.6 Thecoolwaters shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.

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