By visiting or using any Coil, Inc. powered website, application or interface, or the services provided on any Coil, Inc. or partner website (?Site?) as defined by displaying, hosting or using a Coil Inc. service or product, you agree to these Terms of Use. You are also bound by the partners own terms and conditions of service. If any provision of these Terms of Use conflicts with any term in the Terms & Conditions, the Terms & Conditions apply.
Site Use. You represent that you are at least 18 (or, if you are a Puerto Rico resident, at least 21 or legally emancipated) or that you are using the Site under the supervision of a parent or guardian. Your use of the Site is limited to non-commercial, personal use only. We may grant you temporary access to the Site and a limited, non-exclusive, revocable and nontransferable license to access and use the information contained within the Site solely for your use only. We may limit the number of times you can visit or log in to the Site within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the Site, or any portion thereof, at any time, without notice.
Prohibited Uses. You agree not to:
Submissions. The Site has features that let you submit content or communicate with Coil, Inc., other users, and 3rd parties, such as email, quote forms, participating in chats or forums, and uploading files. Any questions, comments, suggestions, ideas, plans, notes, drawings, images, photographs, pictures, information and other materials you submit via the Site are referred to here as ?Submissions.? You agree to only post, upload submit, or request, Submissions that are appropriate and related to the purpose of the Site. You represent that you own or control all of the rights necessary to grant the licenses and sublicenses to your Submission as described in these Terms of Use. By posting Submissions that contain images, photographs, pictures or that may otherwise be graphical in whole or in part (?Images?), you represent that each person depicted in any Image, if any, has provided consent to the distribution, public display and reproduction of any Image. You are fully responsible for any damage or harm resulting from your Submissions, and we assume no liability for Submissions posted or submitted by you or other users. You must not post, upload, submit or request:
Rights in Submissions. For any Submission you post, upload, submit or request via the Site, you grant Coil, Inc. and it?s third party partners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, analyze, modify, adapt, publish, translate, transmit, create derivative works from, distribute, analyze and modify your Submission for commercial purposes now known or hereafter developed. You agree that you have no recourse against Coil, Inc. and it?s third party partners for anyone?s infringement, misuse or violation of any right you may have in your Submissions, and you irrevocably waive any ?moral rights? in your Submissions. You also irrevocably agree that Coil, Inc. and it?s third party partners can pursue claims against anyone who violates Coil, Inc. 's and it?s third party partners? rights in the Submissions. You also acknowledge that we assume no responsibility for the deletion of, or failure to store or otherwise provide access to Submissions submitted by you or others. No compensation will be paid with respect to the use of your Submission as provided in these Terms of Use. By submitting your email address, contact information, address, phone number or any other information in connection with your Submission, you agree that Coil, Inc. or third party service providers may use your email address, phone number or address to contact you about the status of your submission and other administrative purposes. If you are under the age of 18 (or, if you are a Puerto Rico resident, under the age of 21), we will honor your request to remove any Submission you previously posted, uploaded, or submitted on the Site. To request Submission removal, please contact software@coilelectric.com.
Third Party Sites and Service Providers. Parties other than Coil, Inc. may use Submission content, data, services and products through the Site for business purposes. Service providers we use may need access to your personal data to perform services. Service providers are contractually required to treat the personal data we provide as confidential and to use the personal data only to provide the services we requested. Examples of the service providers we engage include installers, electricians, print, mail, or email vendors, web hosting vendors, and cloud service providers. Some third parties need access to personal data for their own purposes or for purposes you have requested. For example, we may share data with utility companies, electrical service providers, OEM?s and similar regulated entities, banks for device financing, and payment processors to help us provide and for you to obtain these Services or for Services you have requested.
Intellectual Property Rights. Except for Submissions, the Site and its content, software, and services (together, ?Materials?) are the property of Coil, Inc. and its suppliers and is protected by copyright, trademark, service mark, and other proprietary or intellectual property rights (?Intellectual Property Rights?). We reserve all of our rights in the Materials. If any service on the Site includes the provision of a specific IP address, URL or other designation for your use, you acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that we may change your IP address, URL or other designation at any time.
Trademarks and Service Marks. The trademarks, service marks, logos, designs, icons, graphics, product and service names, company names and other source identifiers displayed or presented on the Site are registered or unregistered trademarks of Coil, Inc., its suppliers or other third parties, and may not be copied, imitated or used, in whole or in part, without prior written permission of Coil, Inc. or their relevant owners. Nothing contained in this site may be construed as a grant of a license or right of use of any trademark displayed in this site without the prior express written permission of Coil, Inc. or its relevant owner, by implication, estoppel, or otherwise. A reference to any products, services, processes, or other information does not constitute or imply any endorsement, affiliation, sponsorship, approval or recommendation by Coil, Inc.
Promotional Codes. From time to time, you may receive a promotional code provided by or on behalf of Coil, Inc. and it?s third party partners redeemable for certain promotions or offers ("Codes"). Such Codes have no cash value, are non-transferable and may have an expiration date, as well as other limitations and restrictions identified by a promotion. Codes may be found on or in product packaging, through Internet and other digital promotions, on brochures, notices (electronic, online, TV, radio), or other materials. A Code may only be entered once unless otherwise expressly permitted by Coil, Inc.. We are under no obligation to release, continue to release, honor, or maintain any Codes or maintain any services or features provided through Code redemption. Coil, Inc. reserves the right to limit, modify, or discontinue services and features accessed by Codes for any reason even after such service/feature has been redeemed, at our discretion and without prior notice to you.
Pricing and Information. Coil, Inc. does not warrant that the content on the Site is accurate or quotes or services provided by it?s third party partners such as electricians or other service providers, complete, or current. Despite our efforts, items on the Site may be mispriced and product and service descriptions may be inaccurate. Coil, Inc. and it?s third party partners reserves the right to correct any inaccuracies or omissions on the Site, to revoke any offer, to cancel your order, and to take any other actions it deems reasonable or necessary to rectify the error, regardless of whether charges have been applied to your account or credit card.
WARRANTY DISCLAIMERS. THIS SITE IS PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, ANY MATERIALS INCLUDED ON, DOWNLOADABLE FROM OR OTHERWISE ACCESSIBLE VIA THE SITE, OR ANY SERVICES OR PRODUCTS AVAILABLE FOR PURCHASE VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT. FURTHER, COIL, INC. DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. COIL, INC. DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY. THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AVAILABLE FOR PURCHASE ON THE SITE OR USED IN CONNECTION WITH THE SERVICES IS A WARRANTY PROVIDED BY THE PRODUCT MANUFACTURER(S), WHICH IS EITHER INCLUDED WITH THE PRODUCT ITSELF OR CAN BE OBTAINED FROM THE MANUFACTURER(S).
LIMITATIONS OF LIABILITY. IN NO EVENT SHALL COIL, INC. BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, , ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY MATERIALS, EVEN IF COIL, INC. OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COIL, INC, (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE SITE OR ANY SITE-RELATED MATERIALS OR SERVICES, EXCEED $5.00.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In such states, Coil, Inc.?s liability is limited to the greatest extent permitted by law.
Indemnification. You agree to indemnify, defend, and hold harmless Coil, Inc., and our officers, directors, employees, agents, licensors, suppliers and it?s third party partners from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorneys? fees, brought by third parties as a result of: (i) your violation of these Terms of Use; (ii) your use of the Site; (iii) any Submissions you supply; or (iv) your violation of any law or the rights of a third party.
Governing Law. These Terms of Use are governed by and will be enforced under the Federal Arbitration Act, applicable federal law, and the laws of the state of California as they are applied to agreements entered into and to be performed in California.
Electronic Communications. You agree that this electronic document and any other electronic agreement, notice, or other communication that we provide to you meets any legal requirement that such communication be in writing.
Miscellaneous. We may change these Terms of Use without advance notice. Please visit this page periodically to see the most current Terms of Use that govern your use. If any part of these Terms of Use is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms of Use will continue in full force and effect. Coil, Inc.?s failure to enforce strict performance of any part of these Terms of Use does not waive any of our rights. Coil, Inc. may assign its rights and duties under these Terms of Use to any party at any time.