CoolHotNot Terms of Use

• Featured Giveaway Terms and Conditions

• Site Terms of Use

Welcome to CoolHotNot! We're delighted you stopped by.

Here at CoolHotNot, we're providing a service that is designed to help buyers discover, according to the wisdom of respected tech experts, which consumer products are Cool (the best), Hot (the most wanted), and Not (the most disappointing).

Our lawyer wants you to know that your use of the CoolHotNot site ("Site") and associated services, or your continued use of the Site following the posting of any changes or revisions to these Terms of Use (Terms), constitutes your acceptance of these Terms or any future updates to these Terms.

We promise to not change these Terms very often, and then only when absolutely necessary — because we want you to feel comfortable visiting and using our site on a regular (even daily) basis. So with that in mind, what follows is the legalese required to protect you, CoolHotNot, and all other visitors to the Site.

Featured Giveaway Terms and Conditions

1. BRIEF OVERVIEW
CoolHotNot's Featured Giveaway is open to anyone (no purchase is necessary) who is a legal resident of the fifty (50) United States and the District of Columbia, who is at least eighteen (18) years old, and who registers by providing CoolHotNot with their first and last name, email address, mailing address, and phone number — so we can contact them and send them the product they’ve won if they turn out to be one of our winners. Winners of each Featured Giveaway are selected via a random selection algorithm from amongst those who have registered for the Giveaway.

As stated in our Privacy Policy, we promise that we will never sell, barter, trade, or otherwise share registrant’s private, personal information without their consent – except in the event they win a Featured Giveaway. In that case, we will release their contact information to the vendor whose Giveaway they have won so they can send them the prize. The only other time we would release their personal information would be if we believed such release was required to comply with the law, to enforce our site policies (see our Site Terms of Use, below), or to protect our or others’ rights, property, or safety.

NOTE: Prizes can only be shipped to addresses in the USA (including Alaska and Hawaii) unless we specify otherwise. Items which ship directly from our offices will be sent out promptly, however, those items which are sent out by our sponsors may take a little longer to ship. If you have not received your prize within six weeks from the date you were notified of the award, please feel free to email us at wincoolstuff@coolhotnot.com to let us know. Winners may not request substitutions of the prize awarded, and lost or stolen prizes will not be replaced.

Except where prohibited, participation in the CoolHotNot's Featured Giveaway program constitutes the winner's consent to CoolHotNot, and its sponsors' or agents', use of the winner's name, likeness, photograph, voice, opinions and/or hometown and state of residence for promotional purposes in any media, worldwide, without further payment or consideration.

2. DETAILED GIVEAWAY TERMS AND CONDITIONS
The following are detailed terms and conditions for the CoolHotNot Featured Giveaway program.

1. No purchase is necessary.
2. The Giveaway is open to anyone who is a legal resident of the fifty (50) United States and the District of Columbia, who is at least eighteen (18) years old, and who registers by providing CoolHotNot with their first and last name, email address, mailing address, and phone number — so we can contact them and send them the product they’ve won.
3. Winners are selected via a random selection algorithm from amongst those who have registered for the Featured Giveaway.
4. Prizes can only be shipped to addresses in the USA (including Alaska and Hawaii) unless we specify otherwise.
5. Items which ship directly from our offices will be sent out promptly, however, those items which are sent out by our sponsors may take a little longer to ship.
6. If you have not received your prize within six weeks from the date you were notified of the award, please feel free to email us at wincoolstuff@coolhotnot.com to let us know.
7. Winners may not request substitutions of the prize awarded.
8. Lost or stolen prizes will not be replaced.
9. All winners are solely responsible for any and all taxes (including sales and income taxes) and/or fees as well as all additional costs that may be incurred.
10. There is no cash alternative to the prizes awarded, and in the unexpected event a prize becomes unavailable for any reason, CoolHotNot shall have the right to substitute the prize being offered with one of equal or greater value.
11. Employees and officers of CoolHotNot Corporation are not eligible to participate in the Featured Giveaway program.
12. Prizes awarded are subject to all applicable federal, state, and local laws and regulations.
13. CoolHotNot reserves the right to cancel, suspend and/or modify the Featured Giveaway program, or any part of it, if any fraud, technical failures or any other factor beyond CoolHotNot's reasonable control impairs the integrity or proper functioning of the program, as determined by CoolHotNot in its sole discretion.
14. CoolNotNot reserves the right, in its sole discretion, to disqualify any individual it finds to be acting in violation of these terms and conditions or in an unsportsmanlike or disruptive manner. In addition, disqualification may result from the prize mailed to the winner being returned as undeliverable.
15. Except where prohibited, by registering with CoolHotNot and participating in our Featured Giveaway program, you release and hold harmless the CoolHotNot Corporation and their shareholders, directors, officers, employees and agents from and against any claim or cause of action arising out of participation in the program, human or technical errors, or receipt or use of any prize. In no event will CoolHotNot, its subsidiaries, affiliates, and their shareholders, directors, officers, employees, representatives or agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of the Giveaway program.
16. Except where prohibited, participation in the CoolHotNot's Featured Giveaway program constitutes the winner's consent to CoolHotNot and its sponsors' or agents' use of the winner's name, likeness, photograph, voice, opinions and/or hometown and state of residence for promotional purposes in any media, worldwide, without further payment or consideration.

Site Terms of Use

1. ACCEPTANCE OF TERMS
The Web pages available at coolhotnot.com and all linked pages ("Site"), are owned and operated by CoolHotNot, Inc. ("CoolHotNot"), a Utah corporation. By accessing, browsing, or using the Site or any content or services on the Site you agree to be legally bound by and comply with these Terms.

What this means in simple terms is that our site needs to remain a private space — our private property, under our control — so we can guarantee you, our guests and visitors, the best experience we can, consistent with our own vision of how our valued guests and visitors should be treated and should behave towards other members of the community.

2. MODIFICATIONS OF TERMS OF USE
CoolHotNot reserves the right, at its sole discretion, to modify or replace these Terms at any time — and as we add new functions and features we will (out of necessity) need to make minor modifications to these Terms.

3. DESCRIPTION OF SERVICE
Subject to full compliance with these Terms, CoolHotNot may offer to provide certain services and content ("Services"), as described more fully on the Site. Services shall include, but not be limited to, any service and content CoolHotNot performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments and mini-reviews, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips — also known as the "Content").

CoolHotNot may change, suspend or discontinue the Services and any Content for any reason, at any time, including the availability of any feature or content. CoolHotNot may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified by us in writing, the content and services provided by CoolHotNot are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site without CoolHotNot's express permission.

None of the above is meant to discourage you from spreading the word about CoolHotNot. We hereby give you our express permission to publicize our site to your heart’s content.

5. YOUR REGISTRATION OBLIGATIONS
As a condition of your entering any drawings we offer, as noted in our Featured Giveaway Terms and Conditions, you are required to register with CoolHotNot by providing us with your first and last name, email address, mailing address, and phone number — so we can contact you and send you the product you’ve won if you turn out to be one of our winners (and we hope you do). In addition, you must be a legal resident of one of the fifty (50) United States or the District of Columbia, be at least eighteen (18) years old, and have a U.S. shipping address.

6. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by CoolHotNot. By way of example, and not as a limitation, you agree to NOT:

1. use any robot, spider, scraper or other automated means (other than RSS feeds) to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
2. advertise to, or solicit, any user to buy or sell any products or services except as CoolHotNot shall expressly provide means for so doing within the site. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
3. attempt to impersonate another user or person;
4. act on the behalf of (or per the request or instruction of) any third party;

7. INDEMNITY
You will indemnify and hold harmless CoolHotNot, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms by you, or the infringement by you, or any third party using your account or CoolHotNot User ID, of any intellectual property or other right of any person or entity.

8. WARRANTY DISCLAIMERS
CoolHotNot makes no representations concerning any content contained in or accessed through the Site or Services, and CoolHotNot will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. CoolHotNot assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

9. LINKS
The Services may provide, or third parties may provide, links to other websites or resources. Because CoolHotNot has no control over such sites and resources, you acknowledge and agree that CoolHotNot is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that CoolHotNot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. LIMITATION OF LIABILITY
IN NO EVENT SHALL COOLHOTNOT OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE, OR ANY CONTENT, FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. TERMINATION
CoolHotNot may terminate or suspend any and all Services without prior notice or liability, for any reason. All provisions of these Terms — which by their nature should survive termination — shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind CoolHotNot in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

CoolHotNot shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CoolHotNot's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sub-licensable by you except with CoolHotNot's prior written consent.

CoolHotNot may transfer, assign or delegate these Terms and its rights and obligations without consent. These Terms shall be governed by and construed in accordance with the laws of the state of Utah, as if made within Utah between two residents thereof, and the parties submit to the exclusive jurisdiction of the District Court of Utah County Justice Court and the United States District Court for the District of Utah. Notwithstanding the foregoing sentence (but without limiting CoolHotNot's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts.

The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Springville, Utah using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

13. ENTIRE AGREEMENT
Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

14. TRADEMARKS
CoolHotNot, HotCoolNot, the three thumbs, and other CoolHotNot graphics, logos, designs, page headers, buttons, icons, scripts, and service names are registered trademarks, trademarks or trade dress of CoolHotNot in the U.S. and/or other countries. CoolHotNot's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the CoolHotNot icon pack may used by partner and third party sites in connection with providing appropriate links to the CoolHotNot site.

15. PRIVACY
These Terms include the CoolHotNot Privacy Policy, which is incorporated into these Terms of Use by reference.

In short, we promise that we will never sell, barter, trade, or otherwise share your private, personal information without your consent – except in the event you win a Featured Giveaway. In that case we need to share your contact information with the vendor whose Featured Giveaway you have won so they can send the prize to you.