Last Modified: August 21, 2020
Welcome to Coolbus, LLC (“Coolbus”, “We” or “Us”), the service that helps you manage the logistics of running a household (the “Services”).
At this time, Coolbus does not offer Services to users in California or Nevada, nor to anyone outside of the United States. If you are not a resident of the United States or if you are a resident of California or Nevada, do not use our Services, or access the Website or the App. If you are a resident of California or Nevada or are a non-US resident and have already downloaded the App, please delete it from all of your devices and do not use it.
In addition, the Services are offered and available only to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Coolbus and meet all of the eligibility requirements set forth in these Terms. If you do not meet all of these requirements, you must not access or use the Services.
The Services enable you (as a user of the Website or App) to connect with other users of the Website or the App and arrange for and schedule assistance with transportation and/or logistics needs for you and your family. The other users may be your family, friends or unrelated users of the Website or App. COOLBUS DOES NOT SCREEN USERS IN ANY WAY AND MAKES NO RECOMMENDATIONS AS TO THE SAFETY, RELIABILITY OR APPROPRIATENESS OF THE SERVICES OFFERED THROUGH ANY USER. USERS SELECT OTHER USERS WITH WHOM THEY WILL ENTER INTO TRANSACTIONS, AND COOLBUS HAS NO CONTROL OVER SUCH INTERACTIONS AND MAKES NOT RECOMMENDATIONS REGARDING SUCH INTERACTIONS. YOU ACKNOWLEDGE THAT COOLBUS DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You should check this page periodically so you are aware of any changes, as they are binding on you.
Accessing the Services
To access and use the Services you must sign up for an account. In order to set up an account, you must provide us with your name, email address and mobile phone number. During the sign up process you will select a user name by which other users will recognize you when you are using the Services (“User Name”). In addition to your User Name, you will select a password to use when accessing your subscription (“Password”, and together with your User Name, your “Credentials”).
It is a condition of your use of the Services that all the information you provide when setting up your subscription for the Services or while using the Services is correct, current, and complete.
You are responsible for the security of your Credentials. You must treat your Credentials as confidential, and you must not disclose your Credentials to anyone.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of the Services using your Credentials. You agree to notify us immediately of any unauthorized access to or use of your Credentials or any other breach of the security of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Credentials.
We have and retain the right to disable any user Credentials chosen by you or provided by us as well as access to any accounts or subscriptions, at any time in our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of these Terms.
Coolbus is committed to ensuring that the Services are as useful and efficient as possible. We reserve the right to update, modify, suspend or cancel the Services, the Website, the App, and any materials we provide in conjunction with the Services, in whole or in part, at any time in our sole discretion without notice. Notwithstanding the right to update and modify the Services, Coolbus assumes no obligation to do so.
If you purchased your subscription:
Purchase from Apple App Store the processor is Apple
Purchase from Android App Store the processor is Google Play
Purchase from Website the processor is Braintree
You should review the terms and conditions for your processor to understand how your payments are processed.
Subscription fees are paid in advance and are non-refundable. All subscriptions automatically renew unless you cancel your subscription before the next renewal date. Subscription cancellations will be effective at the end of the then current subscription. To cancel your subscription,
For Apple subscriptions, cancel through Apple;
For Android subscriptions, cancel through Google Play; and
For Website subscriptions, cancel through the Website.
Mobile Data Usage.
You may incur charges for the mobile data you use while using the Services. Please review the terms of your contract with your mobile carrier.
All users are responsible for making any arrangements necessary or desirable to access the services, including, but not limited to ensuring access to internet services or wireless data services. You are responsible for ensuring that anyone using the Services using your Credentials is aware of and complies with these Terms.
Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Coolbus or its licensors and are protected by nited States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the term “Coolbus”, the Coolbus logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Coolbus or its affiliates or licensors. You must not use such marks without the prior written permission of Coolbus. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Restrictions on Use.
You are authorized to use the Services only for your personal, non-commercial use. You must not use the Services in order to provide a commercial Service and you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content in or on the Services, except as follows:
You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media features within the Services, you may utilize the functions that are enabled by those features.
You must not:
Copy or modify the Services or any part of the Services.
Attempt to extract the source code of the App, translate the App into other languages, or make derivative versions.
Use any illustrations, photographs, video, or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will terminate immediately. Upon termination of your rights to use the Services for any reason, you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Coolbus. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You may not and agree not to use the Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Coolbus, a Coolbus employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Coolbus or users of the Services, or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
The Services contain interactive features (“Interactive Features”) that allow users to contact other users in order to utilize the Services, including but not limited to messages, voice calling, etc. provided by or accessed through the Services.
Any messages you send or content you post using the Interactive Features are not considered confidential and are non-proprietary. By utilizing the Interactive Features you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You are solely responsible for anything you post or transmit using the Interactive Features, including, but not limited to, the legality, reliability, accuracy and appropriateness of all such items. You agree that all of your use of the Interactive Features will comply with these terms, including, but not limited to the <<Content Standards>>.
You acknowledge and agree that each user is solely responsible for all information and materials he or she posts using the Interactive Features and that Coolbus is not responsible or liable for the content or accuracy of any information transmitted by you or any other user of the Services.
Monitoring and Enforcement
We do not and cannot review all information transmitted to or through the Services, but we reserve the right to do so.
We have the right to:
Take any action with respect to any user account that we deem necessary or appropriate in our sole discretion, including if we believe that use of such account violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Coolbus.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COOLBUS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
These content standards apply to any and all use of Interactive Features. Any information posted using the Interactive Features must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, information posted in or using the Interactive Features must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information transmitted through the Services is made available solely for facilitating contacts through communities to promote assistance with logistics services amongst friends, family members, and other users of the Services. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
All purchases through Website or the App are governed by our <<Terms of Sale>>, which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services, or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
Linking to the Services and Social Media Features
You may link to our Website from other websites or to the App through social media, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of the goodwill associate with Coolbus. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
On the Website or in the App, we may provide certain social media features that enable you to:
Identify other users of the Services in your community.
Link from your own or certain third-party websites to certain content on this Services.
Send emails or other communications with certain content, or links to certain content, through the Services.
Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing,
You must not:
Establish a link from any website that is not owned by you.
Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Services other than the homepage.
Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Coolbus is based in the State of Alabama in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the content provided by the Services is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for internet, electronic and physical security as well as accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, THE CONTENT OF THE SERVICES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COOLBUS NOR ANY PERSON ASSOCIATED WITH COOLBUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COOLBUS NOR ANYONE ASSOCIATED WITH COOLBUS REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXCEPT FOR ANY EXPRESS WARRANTIES CONTAINED IN THIS SECTION, TO THE FULLEST EXTENT PROVIDED BY LAW, COOLBUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COOLBUS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from the gross negligence or willful misconduct of Coolbus or its employees, contractors, officers or directors. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Coolbus, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your use of the Interactive Features, or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama, in each case located in the City of Birmingham and County of Jefferson, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You agree that all disputes arising out of these Terms or the use of the Services, including, but not limited to the Interactive Features, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be settled by final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Alabama law. The arbitration will be decided by a single arbitrator, and will be held in Birmingham, Alabama. The decision of the arbitrator may be entered in any court of competent jurisdiction.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Coolbus of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Coolbus to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Your Comments and Concerns
The Services are operated by
1500 1st Avenue North
Suite B125, Unit #68
Birmingham, AL 35203
Any feedback, comments, requests for technical support, and other communications relating to the Services should be directed to email@example.com.
Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website or the App infringes your copyright, you may request removal of those materials (or access to them) from the Website and the App by submitting written notification to our copyright agent using the contact methods identified in this Section. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our Copyright Agent for DMCA Notices can be contacted at:
Attn: Copyright Agent
1500 1st Avenue North
Suite B125, Unit #68
Birmingham, AL 35203
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated using the contact information specified above.. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at Coolbus LLC, 1500 1st Avenue North, Suite B125, Unit #68, Birmingham, AL 35203 or firstname.lastname@example.org.