Terms and Conditions

DISCLAIMER

WEBSITE DISCLAIMER

The information provided by MAXTRADE LLC (“we,” ‘us” or “our”) on coolster.com  (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

EXTERNAL LINKS DISCLAIMER

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

PROFESSIONAL DISCLAIMER

The Site cannot and does not contain advice. The information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK

AFFILIATES DISCLAIMER

The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links.

TESTIMONIALS DISCLAIMER

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

Waiver of Liability

By purchasing any items from Coolster, you acknowledge and agree to be above 18 years of age. You acknowledge and understand that riding any vehicle purchased from Coolster can be a dangerous activity that requires a level of skill. You understand that these activities can result in serious injury to the person as well as damages to property. You voluntarily assume any and all risk associated with loss, damage or injury while riding the vehicles sold or listed on our website or with sellers, dealers, or distributors. You agree to release and forever discharge Coolster or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf and the manufacturer from any and all claims, actions, damages, liabilities, cost or expenses and attorney fees which are related to, arise out of, or are in any way connected to your participation or use of these vehicles, use of equipment or property supplied by Coolster or its parent company whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of the seller, manufacturer or distributor. Coolster is not liable for any bodily injury or death resulting from failure to properly assemble the vehicle. It is the responsibility of the buyer to watch assembly videos, ask the seller any questions the buyer might have about assembling, and become fully knowledgeable on how to assemble the vehicle prior to assembling the vehicle. By this Agreement, it is your intention as the buyer to surrender and waive any rights to sue or exercise any legal rights to seek damages from Coolster or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf. This agreement shall be affecting and binding upon heirs, agents, personal representatives and assigns. You have carefully read and acknowledged that you understand and agree to all the Terms and Conditions. You have had the opportunity to ask any and all questions regarding this Agreement and the effect of the same. You are aware that by purchasing an item and sending/remitting payment for the item, you assume all risk, and waive and release certain substantial rights that you may have or possess. You therefore release all liability and waive all rights in regards to activities with any items purchased from Coolster.

TERMS OF USE

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MAXTRADE LLC (“we,” “us” or “our), concerning your access to and use of the coolster.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the –Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the –Content”) and the trademarks, service marks, and logos contained therein (the ‘Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept the following forms of payment:

– Visa

– MasterCard

– PayPal

– Discover

– American Express

– Cash

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

CREDIT CARD AND CHARGE-BACKS

By making a purchase from Coolster, upon the product’s shipment, you agree that you will not initiate a credit/debit card chargeback under any circumstances. Instead, you commit to addressing any concerns following our established policies. It’s important to grasp that the chargeback process can be burdensome and time-consuming for the merchant, and often, issues can be resolved more efficiently by allowing our dedicated team to assist you.

Coolster reserves the right to pursue legal action to recover the disputed funds, including any associated costs incurred during this process. Failing to promptly resolve the matter may lead to reporting the situation to the authorities for chargeback fraud, and we may involve a collection agency if necessary. Keep in mind, the first and most effective step in addressing any concerns is reaching out to us directly.

RETURN POLICY

Please review our Return Policy posted on the Site prior to making any purchases.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use the Site to advertise or offer to sell goods and services.
4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
5. Engage in unauthorized framing of or linking to the Site.
6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
10. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript; or other code.
11. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
12. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
13. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
14. Use the Site in a manner inconsistent with any applicable laws or regulations.
15. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
16. Attempt to impersonate another user or person or use the username of another user.
17. Sell or otherwise transfer your profile.
18. Use any information obtained from the Site in order to harass, abuse, or harm another person.
19. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
21. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
22. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
23. Delete the copyright or other proprietary rights notice from any Content.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

PRIVACY POLICY

We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the ‘Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AM’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AM rules or applicable law, the arbitration will take place in UNITED STATES County, CA. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in UNITED STATES County, CA, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim. action. or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

MAXTRADE LLC

9436 Rush St.

South El Monte, CA 91733

United States

Phone: (626) 228 – 0251

Fax: (626) 228 – 0253

support@coolster.com

PRIVACY POLICY

Thank you for choosing to be part of our community at Maxtrade LLC (“Coolster,” “we,” “us,” or “our”), operating coolster.com (the “Site”). We are committed to protecting your personal information and your right to privacy. If you have questions or concerns about this policy, contact us at support@coolster.com.

This Privacy Policy applies to information collected through the Site and any related services, sales, marketing, or events. It should be read together with our Cookie Policy, which describes the specific tracking technologies we use.

1. Information We Collect

Information you provide directly. Name, email address, postal address, phone number, account credentials, and payment-related data you submit when creating an account, placing an order, signing up for emails, or contacting support. 

Information collected automatically. When you visit the Site, we and our service providers automatically collect device and usage information — including IP address, browser type, operating system, pages viewed, search terms entered on the Site, referring URLs, and approximate location — through cookies, tags, pixels, and similar technologies. The specific tools we currently use are listed in our Cookie Policy.

Information from other sources. We may receive information from social media platforms (if you log in or interact via social channels), marketing partners, and publicly available sources.

Sensitive personal information. We do not intentionally collect Social Security numbers, precise geolocation, government ID numbers, or other categories of “sensitive personal information” as defined under the CPRA. The approximate location data described above is derived from IP address and is not precise geolocation. 

2. Advertising and Analytics Technologies

We use third-party analytics and advertising technologies to understand how visitors use the Site and to deliver more relevant advertising. These tools fall into a few general categories: analytics tools that track how visitors navigate and use the Site; advertising and remarketing tools that support conversion tracking and show relevant ads on other websites or platforms; behavior-analytics tools that help us understand how visitors interact with page layout and design so we can improve usability; on-site search analytics tools; and email and marketing automation tools that support campaigns, sign-up forms, and related engagement tracking. The specific tools we use may change over time as our marketing and analytics needs evolve, and our Cookie Policy maintains the current, detailed list so this section doesn’t become outdated as tools are added or removed.

Some of these technologies — in particular, the conversion and remarketing tools used for advertising — may constitute a “sale” or “sharing” of personal information under California law, even though no money changes hands. See Section 6 below for your rights regarding this.

3. How We Share Information

We share information with: (a) service providers who perform functions on our behalf (payment processing, analytics, email delivery, hosting, customer support, fraud prevention); (b) advertising and analytics partners described above, for the purposes described; (c) parties involved in a merger, acquisition, or sale of business assets; (d) law enforcement or regulators where required by law; and (e) any other party with your consent. We do not sell or share personal information for third parties’ own independent marketing purposes outside the advertising/analytics relationships described in this policy..

4. Data Retention and Security

We retain personal information for as long as reasonably necessary to fulfill the purpose for which it was collected. Account and order information is retained for the duration of your account relationship with us, plus any additional period required to meet our tax, accounting, or warranty obligations. Customer support communications are retained for as long as needed to resolve your inquiry and to maintain records of past support interactions. Automatically collected usage and analytics data is retained according to the retention settings of the tools described in our Cookie Policy. Where information must be kept longer to comply with law (e.g., tax records), we retain it for that required period. We use reasonable technical and organizational measures to protect personal information, but no method of transmission over the internet is completely secure.

5. Children’s Privacy

The Site is not directed to children, and we do not knowingly collect personal information from anyone under 13. If we learn that we have inadvertently collected personal information from a child under 13, we will take steps to delete it.

6. Your Privacy Rights

We offer the following choices with respect to your personal information:

• • Right to Know — the categories and specific pieces of personal information we have collected about you, and the categories of sources, purposes, and third parties involved.
  • Right to Delete — request deletion of personal information we have collected from you, subject to certain legal exceptions.
  • Right to Correct — request correction of inaccurate personal information we maintain about you.
  • Right to Opt Out of Sale/Sharing — opt out of the “sale” or “sharing” of personal information for cross-context behavioral advertising, which may occur through the advertising and remarketing tools described above.
  • Right to Limit Use of Sensitive Personal Information — we do not currently collect sensitive personal information as defined by the CPRA. If this changes, we will provide a mechanism to exercise this right.

Right to Non-Discrimination — you will not be denied goods or services, charged different prices or rates, or provided a different level or quality of goods or services for exercising any of these rights.

• • Emailing support@coolster.com with the subject line “California Privacy Request”; or
  • Logging into your account and using the account settings to review, update, or delete your account information directly.

Verification. To protect your information, we will verify your identity before fulfilling a request to know, delete, or correct, generally by matching the information you provide (such as name, email address, and order history) against information already in our records. We may need to request additional information to complete verification for certain requests. If we cannot verify your identity to the required degree of certainty, we may deny the request and will explain why.

Authorized agents. You may designate an authorized agent to submit a request on your behalf. We may require the agent to provide proof of your written authorization and may also require you to independently verify your own identity directly with us.

Opt-Out methods. You can exercise your right to opt out of sale/sharing by:

• • Clicking “Do Not Sell or Share My Personal Information” at the footer of our Site;
  • Enabling the Global Privacy Control (GPC) signal in a supporting browser, which we will honor as an opt-out request; or
  • Emailing support@coolster.com with your request.

Shine the Light. California’s “Shine the Light” law also permits residents to request, once per year free of charge, a list of categories of personal information disclosed to third parties for direct marketing purposes. To make a request, email support@coolster.com.

Account holders may review, update, or delete their account information at any time by logging in or contacting support@coolster.com. You may unsubscribe from marketing emails using the link in any marketing email.

7. International Transfers

Our servers are located in the United States. If you access the Site from outside the U.S., your information will be transferred to and processed in the U.S., which may not have the same data protection laws as your home country.

8. Changes to This Policy

We may update this Privacy Policy from time to time. Material changes will be indicated by an updated “Last Updated” date at the top of this page.

9. Contact Us

Questions about this Privacy Policy can be directed to support@coolster.com.

COOKIE POLICY

This Cookie Policy explains how Maxtrade LLC (“Coolster,” “we,” “us,” or “our”) uses cookies and similar tracking technologies on coolster.com (the “Site”), and how you can control them. It supplements our Privacy Policy.

1. What Are Cookies and Similar Technologies

Cookies are small data files placed on your device when you visit a website. We and our third-party partners also use related technologies, including tracking pixels, tags, and local storage, for similar purposes. References to “cookies” in this policy include these related technologies unless otherwise noted.

2. Categories of Cookies We Use

• • Essential — required for the Site to function (e.g., shopping cart, checkout, account login). These cannot be disabled without breaking core functionality.
  • Functionality — support features like on-site search and the accessibility widget.
  • Analytics — help us understand how visitors use the Site, including page views and on-site search behavior, and in some cases session/behavior recording.
  • Advertising / Sharing — used for conversion tracking and to show relevant ads on other websites or platforms (remarketing). Use of these cookies may be treated as a “sale” or “sharing” of personal information under California law — see Section 5.
  • Marketing / Email — support email campaigns, pop-up sign-up forms, and related engagement tracking.

3. Cookies and Tracking Technologies in Use

We use third-party analytics, advertising, and marketing tools that fall into the categories described in Section 2 above. The specific tools we use may change over time as our marketing and analytics needs evolve; we review and update our use of these tools periodically.

4. How Long Do Cookies Last

Some cookies are “session” cookies that expire when you close your browser. Others are “persistent” cookies that remain on your device for a set period or until you delete them. Persistence varies by provider and category.

5. Your Choices and Opt-Out Rights

Browser controls. Most browsers let you block or delete cookies through their settings. Blocking essential cookies may prevent parts of the Site, like checkout, from working.

California “Do Not Sell or Share” right. As described in our Privacy Policy, you can opt out of the use of advertising/remarketing cookies for cross-context behavioral advertising by using the “Do Not Sell or Share My Personal Information” link in our website footer, enabling a Global Privacy Control signal in your browser, or emailing support@coolster.com.

Industry opt-out tools. You can also opt out of interest-based advertising broadly through the Digital Advertising Alliance (aboutads.info/choices) or the Network Advertising Initiative (optout.networkadvertising.org).

Provider-specific opt-outs. Many analytics and advertising providers offer their own opt-out tools and ad personalization settings; check the settings of the specific service in question for details.

Non-discrimination. You will not be denied goods or services, charged different prices or rates, or provided a different level or quality of goods or services because you exercised any of the choices described in this section.

6. Updates to This Policy

We will update this Cookie Policy as our use of cookies and tracking technologies changes. Please check back periodically, particularly the “Last Updated” date.

7. Contact Us

Questions about this Cookie Policy can be directed to support@coolster.com.

SMS Terms & Conditions

By providing your mobile number and opting in to receive SMS messages, you agree that Maxtrade LLC may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials.

• • You may unsubscribe at any time by texting the word STOP to (833) 534-3294.
  • For help, send the word HELP to (833) 534-3294.
  • Messages and data rates may apply. Please check with your mobile service provider for any potential charges.
  • Participating carriers include major U.S. carriers such as AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others. Maxtrade LLC is not responsible for delayed or undelivered messages.
  • You agree to notify us of any changes to your mobile number, and we will update our records accordingly.
  • Data collected from you in connection with this SMS service may include your mobile number, carrier, and the date, time, and content of your messages. This data will be used to deliver the services you request and may be used for additional customer support or marketing purposes.
  • By subscribing to our SMS service, you acknowledge and agree that Maxtrade LLC reserves the right to change or terminate the service at any time, with or without notice.

If you have any questions or need assistance, please contact us at supper@coolster.com or call us at (626) 228-0251