By using this Site, you agree to be bound by these Terms of Use (“Terms”) as they may be periodically amended and modified from time to time. You should check these Terms for any changes each time you use the Site. Coggins Promotional Advertising, Inc. ("Coggins",“we”, “us” and “our”) is the operator of this Site. This Site is made available to you on the precondition that you accept all of the terms and conditions contained herein. Please do not use this Site if you do not agree with and accept these terms. By continuing to use this Site you are accepting and consenting to be governed by these Terms.
The information on this Site is intended for general informational purposes and should not be relied on as the sole basis for making decisions. Coggins does not guarantee that the information contained on this Site is current, accurate or complete. You rely on the material on this Site at your own risk. The information on this Site does not constitute a binding offer of Coggins to sell products featured on this Site. We reserve the right to change the contents of this Site at any time and for any reason and shall not have any obligation to update any information contained on this Site. No employment, partnership, agency of joint venture relationship exists between Coggins and you as a result of your use of this Site or these Terms.
Although Coggins tries its best to display our products and their colors as accurately as possible, colors of the products which are actually displayed depend upon computer hardware of the user, and Coggins cannot guarantee that such hardware will accurately display the colors of the products. There is also the possibility that products displayed on the Site may be out-of-stock or discontinued, and the prices which are displayed are also subject to change. Coggins is not responsible for typographical or other errors regarding price or any other matter.
Prices quoted on this Site are denominated in U.S. dollars and are valid and effective only in the United States. You are prohibited from purchasing any item from this Site with the intent to resell it. Coggins reserves the right, in its sole discretion, to accept or decline your order, in part or in total, even after your credit card has been charged and you receive confirmation of your order. If your order is cancelled after your credit card has been charged, a credit will be issued to your credit card account.
Intellectual Property
Coggins, its customers or its content providers are the owners of and have exclusive rights to all of the content on this Site, including, but not limited to, all designs, text, images, logos, media clips and downloads, interfaces, computer code and software (“Content”).
You represent that you own or otherwise have the legal right to the material you submit to the Site. You agree to grant Coggins a non-exclusive, irrevocable and perpetual right to use, modify, reproduce, publish, distribute, display and create derivative works from any material which you submit to the Site. Such right shall include the right to use your name and any personal information you submit.
Prohibited Uses
Coggins reserves the right, at its discretion, to refuse or terminate a person’s registration, or deny access to this Site. Coggins grants you a license to use this Site and such license is revocable by us, and in our sole discretion, at any time and for any reason. You are prohibited from using, modifying, distributing, broadcasting, transferring, transmitting, uploading, licensing, selling, reverse engineering or creating derivative works from any trademarks or Content on this Site. You are also prohibited from using the Site to compete with Coggins.
By using this Site you agree to be held responsible for any material you submit through this Site and to indemnify Coggins for all claims that result from your submissions. You agree that you shall be held personally liable for all orders placed or charges incurred, prior to your account being terminated. You acknowledge that you may not submit, upload, publish or distribute through this Site any material that could give rise to claims of libel, defamation, fraud, obscenity, or claims of any civil or criminal liability. Further, you agree that anything you submit to Coggins shall not violate any right of any third party, including privacy, trademark, copyright, or any other intellectual or other personal right. You agree that you will not submit any material that contains a computer virus, spam or any software or computer code designed to damage, interfere with or mine data from the Site.
Disclaimers and Limitation of Liability
THIS SITE IS PRESENTED ON AN “AS IS” BASIS AND YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. Coggins RESERVES THE RIGHT TO LIMIT OR RESTRICT YOUR ACCESS TO THE SITE IN ANY WAY AND AT ANY TIME. Coggins EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: 1) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY; 2) WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE; 3) WARRANTIES THAT THE SITE OR THE SITE’S SERVER WILL BE FREE FROM VIRUSES; 4) THAT INFORMATION ON THE SITE WILL BE TIMELY, COMPLETE OR ACCURATE; OR 5) THAT THE SITE SHALL BE SECURE AND ERROR FREE.
BY USING THIS SITE YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL CONSEQUENCES RESULTING FROM YOUR USE OF THIS SITE. YOU AGREE, ACKNOWLEDGE AND ACCEPT: 1) THAT YOU DID NOT HAVE TO PAY TO USE THIS SITE; 2) THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, Coggins, ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY DAMAGES OF ANY KIND ARISING FROM: A) LOSS OF DATA OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM ANY MATERIALS YOU DOWNLOAD FROM THIS SITE, YOU DOWNLOAD AT YOUR OWN RISK; B) ANY ACTIONS TAKEN BY US OR WHICH WE FAIL TO TAKE REGARDING COMMUNICATIONS YOU SEND TO US; C) YOUR INABILITY TO USE THIS SITE; D) ANY PRODUCTS, SERVICES OR OTHER INFORMATION OR MATERIALS FEATURED ON THIS SITE, OR THE REMOVAL THEREOF; E) OR ANYTHING ARISING OUT OF YOUR USE OF THIS SITE OR ANY WEBSITE YOU ACCESS THROUGH THIS SITE. Coggins WILL NOT PROVIDE, AND YOU SHOULD NOT CONSTRUE ANY COMMUNICATION, INFORMATION OR ADVICE OBTAINED THROUGH THIS SITE, WHETHER ORAL OR WRITTEN, AS CREATING ANY WARRANTY OF ANY KIND. THE DISCLAIMERS IN THESE TERMS ARE VALID ONLY WHERE THEY ARE NOT PROHIBITED BY LAW.
Coggins makes no warranties of any kind regarding web sites which are not operated by Coggins to which you may be directed or hyperlinked from this Site. These hyperlinks are included by Coggins for your convenience, and Coggins makes no representations or warranties with regard to the material on these sites or the suitability, safety or accuracy of any material on such web sites. Coggins has no responsibility for products or services offered or provided by any third party.
Personal Information
You agree that any personal information that you enter on this Site will be accurate, current and complete. Certain features of the Site, such as the “My Account” feature, are password protected. If you register a password, you agree that you are responsible for the security of your password and for acts performed or statements made in connection with the use of your account and password. It is your responsibility to contact Coggins if you know or have reason to believe that the security of your password has been compromised in any way. We will attribute to you any communication made via your account unless we receive written notice from you indicating otherwise. Your name and any personal information submitted shall be treated in accordance with the Coggins Privacy Policy.
Indemnity
You agree to hold harmless, defend and indemnify Coggins and any of our affiliates, officers, directors, employees, agents, licensors, contractors, subcontractors, service providers and suppliers against any and all damages, losses, costs, expenses, liabilities, including any all reasonable court costs and attorneys’ fees which result from any violation of these Terms, a technical problem you experience with the Site, or any issues resulting from your use of the Site. Coggins reserves the exclusive right, at Coggins’ own expense, to assume control of the defense of any matter for which you would be held responsible for indemnifying Coggins for any losses incurred. You agree to cooperate with Coggins in regards to the defense of any such matter. Any claim or cause of action you may have with respect to Coggins or the Site must be commenced within one (1) year after the claim or cause of action arose.
Applicable Law
This Site is intended to be accessed and used where such access and use is permitted by law. This Site and these Terms are governed by the laws of the State of Georgia. Coggins does not guaranty that accessing or using this Site complies with the laws of the jurisdiction in which you are located. It is your responsibility to educated yourself as to the laws of your jurisdiction and act accordingly. By using this Site you are irrevocably consenting to the non-exclusive jurisdiction of the state and federal courts located in the State of Connecticut for purposes of adjudicating any action relating to these Terms and waive any objection to venue or jurisdiction in such actions.
General Information
You understand that these Terms and any other policies posted on this Site shall constitute the entire agreement and understanding between you and us regarding the subject matter thereof (the “Agreement”). You understand that the Agreement shall supersede all other, prior or contemporaneous communications between you and us, whether those communications are oral or written. A printed copy of these Terms shall be admissible, under the same conditions and to the same extent as other business documents and records, in a judicial or administrative proceeding that relates to the use of the Site. If any provision of the Agreement is found to be unenforceable, unlawful or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You are responsible for periodically checking this Site for any changes to these Terms. Coggins may amend, alter or change these Terms, in our sole discretion, at any time and for any reason, by posting on this Site a revised version of these Terms. If you continue to use this Site after changes to these Terms are posted then you consent to being governed by such changes. Coggins' failure to enforce or exercise any provision or right of these Terms shall not be deemed a waiver of such provision or right.