TERMS OF USE

INTRODUCTION

Welcome to the Igloo Products Corp. ("Igloo" or we) web site, www.igloocoolers.com.

By accessing any area of igloocoolers.com, you agree to be bound by the terms and conditions set forth below, and that such agreement constitutes a binding contract between you and Igloo Products Corp. If you do not agree to all of the Terms of Use, please exit this site now. We reserve the right, at our discretion, to update or revise these Terms of Use without notice to you. Please check the Terms of Use periodically for any changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

As used in these Terms of Use, Igloo and/or Igloo Products Corp refers to Igloo, its agents, subsidiaries, affiliated companies, officers, directors, shareholders and employees.

CONDUCT ON SITE

Your use of the site is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through the site. You promise that you will not use the Web Site to post, upload or otherwise transmit any content that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

4. Constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

6. Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

UNSOLICITED SUBMISSIONS

Igloo does not accept or consider for review any other unsolicited submissions, including but not limited to proposed advertising campaigns, product names, and products ideas that are not covered by an issued patent or pending patent application with the USPTO. As such, you agree to not send us any such unsolicited Submission(s). Any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. IN THE EVENT THAT YOU SUBMIT SUCH WORK NOT IN COMPLIANCE WITH IGLOO'S SUBMISSION TERMS AND CONDITIONS, YOU AGREE THAT YOU ARE AUTOMATICALLY GRANTING IGLOO AN UNLIMITED, ROYALTY-, COMMISSION-, REIMBURSEMENT-FREE, UNRESTRICTED, NON-EXCLUSIVE, WORLDWIDE AND IRREVOCABLE RIGHT AND LICENSE TO USE, MODIFY, REPRODUCE, PUBLISH, TRANSLATE, DISTRIBUTE, DEVELOP, PERFORM, OR DISPLAY SUCH SUBMISSIONS IN WHOLE OR IN PART, IN ANY FORM, MEDIA, OR TECHNOLOGY, WHETHER CURRENTLY KNOWN OR TO BE DEVELOPED IN THE FUTURE, FOR ANY PURPOSE(S) INCLUDING, BUT NOT LIMITED TO, SITE-, BUSINESS-, OR PRIVATE-USE DEVELOPMENT, ADVERTISING AND PROMOTIONAL PURPOSE(S), WITHOUT COMPENSATION TO YOU.

Please understand that it is our intent by employing this policy to prevent future misunderstandings, legal or otherwise, when Igloo or its agents create, develop, or otherwise use ideas, concepts, or other materials that might appear to be similar to your Submission(s).

THIRD PARTY SITES AND INFORMATION

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. Igloo Products Corp. does not control such web sites and is not responsible for their content nor is it responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, or reliability of any information, data, opinions, advice, or statements contained within such web sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. Your linking to any other off-site pages or other sites is at your own risk. Furthermore, the Igloo Products Corp. privacy policy and terms of use are applicable only when you are on our web site. Once you link to another web site, you should read that site's terms of use and privacy policy before use of web site or disclosing any personal information. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY OWNER OR OPERATOR OF SUCH THIRD PARTY WEB SITE, YOU RELEASE IGLOO PRODUCTS CORP. (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER IN CONTRACT, TORT OR STATUTE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

INTELLECTUAL PROPERTY INFORMATION

For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Igloo Products Corp. and/or its Affiliates. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. You may access, download and print materials on this web site solely for your personal and non-commercial use, however, any print out of this web site, or portions of the web site, must include the Igloo Products Corp. copyright notice. No right, title or interest in any of the materials contained on this web site is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another web site, use on any other web site, transfer or sell any information obtained from this web site, without written permission from Igloo Products Corp. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Igloo Products Corp. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Igloo Products Corp.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to:

General Counsel
Igloo Products Corp.
777 Igloo Road
Katy, TX 77494

Access to this Web Site is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Web Site constitutes consent to such monitoring. This Web Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Company cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

DISCLAIMER OF WARRANTIES

EXCEPT FOR THE GENERAL WARRANTY, KOOL MATE WARRANTY AND THE IGLOO 2GO WARRANTY, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL IGLOO PRODUCTS CORP. OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, EVEN IF IGLOO PRODUCTS CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. INDEMNIFICATION UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES EMPLOYEES, OFFICERS, AND DIRECTORS HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, WHETHER IN CONTRACT, TORT OR STATUTE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

PARTICIPATION IN PROMOTIONS

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion, and we do not sponsor, endorse or guarantee third party, their products or services.

INTERNATIONAL USE

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

TERMINATION OF USE

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

PRODUCT AND ACCESSORY SPECIFICATIONS MAY VARY FROM COUNTRY TO COUNTRY DEPENDING ON LOCAL LAWS, AND SOME MODELS AND ACCESSORIES ARE NOT AVAILABLE IN CERTAIN COUNTRIES.

GOVERNING LAW

This site (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site both of us agree that the statutes and laws of the State of Texas , without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Texas, the United States of America, for any litigation arising out of or relating to the use of igloocoolers.com web site, waive any objection to the venue of any such litigation in the Texas courts and agree not to plead or claim in any Texas court that such litigation brought therein has been brought in an inconvenient forum.

MISCELLANEOUS

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to any thing party, and any purported attempt to do so shall be null and void. We may assign our rights and obligations under these Terms of Use. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.