Terms of service

Welcome to Medicool, Inc (“Medicool®”) website. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

Agreement. This Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of www.medciool.com and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (“Site”) and describe the terms and conditions applicable to your access of and use of the Site.

Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site.

This Agreement may be modified at any time by Medicool® upon posting of the modified agreement and customer confirms his, her, they/ them acceptance of the modifications or updates by continuing to use the Site. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.medicool.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

Privacy. Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy.

Ownership. All content included on this Site is and shall continue to be the property of Medicool® or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. By way of example all text, graphics, logos, images, audio clips, video, data, music, software, Application updates, and other material is owned or licensed property of Medicool® or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all content on the Site is the exclusive property of Medicool® and protected by U.S. and international copyright laws. Medicool® and its suppliers and licensors expressly reserve all intellectual property rights in all content. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

Intended Audience. This Site is intended for adults only. This Site is not intended for any children under the age of 13.

If you are under 18, you may use this Site only with the involvement of a parent or guardian. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS, HER, THEY/THEM PARENT OR LEGAL GUARDIAN.

Site Use. Medicool® grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sub, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. The use of this website is at the discretion of Medicool® may terminate your use of this website at any time.

Site Accessibility. While Medicool® works to make this Site user-friendly, Medicool® does not take responsibility for any difficulties encountered in accessing the site or for communication line failure.

Use of Information. Medicool® reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that the information provided by you is truthful and accurate to the best of your knowledge.

Termination of Service. Medicool® may terminate your use or right to access the Site at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Site, to Medicool®, to the business of the Site’s Internet service provider, or to other information providers.

Site Pricing and Products maybe be changed at any time, without notice. Medicool strives to have accurate information on our site at all times but also reserves the right at any time to correct pricing errors and refuse to ship products Medicool believes may have been subject to inaccurate pricing. 

User Comments, Reviews & Submissions. Medicool® welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow Medicool® to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Instagram™, Pinterest, Facebook™ ) as long as the user content submitted by you complies with these Terms & Conditions. You agree that any user content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, defamatory, false, deceptive, misleading, sexually explicit, indecent, lewd, violent, abusive, or degrading.

A user may post, comments, reviews, provide feedback, suggestions, questions, photos, videos, and other content through the Site. You are solely responsible for the user content you submit, and Medicool® assumes no liability for any user content submitted by you. You acknowledge and agree that Medicool® reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor user content; (ii) alter, remove, or refuse to post or allow to be posted any user content; and/or (iii) disclose any user content, and the circumstances surrounding its transmission, to any third party. For any user content you submit, you grant to Medicool® a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such user content and to incorporate the user content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you.

We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any user content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.

Mobile Terms of Service

Last updated: March 13, 2024

The Medicool mobile message service (the "Service") is operated by Medicool (“Medicool”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Medicool’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Medicool through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Medicool. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +1 833-773-3739 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Medicool mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +1 833-773-3739 or email customercare@medicool.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Cookies. Our Web sites use “cookies,” that is, pieces of information that the computer hosting the site assigns to your computer browser when you access a Site. Cookies help ensure a more accurate analysis of site usage. For example, our site may set a cookie on your browser that keeps you from needing to remember and enter a password more than once during a visit to the site. Whenever cookies are used, Medicool® will not collect personally identifiable information. For our cookie policy click here

Copyright and Trademarks. The trademarks, service marks and logos used and displayed on the Site are Medicool®’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Medicool® is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of Medicool® that may be referred to on the Site are the property of Medicool®. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Medicool®’s trademarks or service marks without Medicool®’s prior written permission. Medicool® aggressively enforces its intellectual property rights. Neither the name of Medicool® nor any of Medicool® other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without Medicool®’s prior written permission.

Copyright Agent. The contents, deign, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips and the overall presentation, arrangement and selection thereof are the exclusive property of Medicool® or its respective content providers, and are protected by U.S. and international copyright laws.

If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our offices.

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Non-Authorized Retailers. “Medicool, Inc” cannot guarantee the quality or authenticity of products sold by non-authorized retailers. Purchasing Medicool® products from unauthorized resellers forfeits our warranty. This includes non-authorized retailers on Amazon®.

Risk of Loss. Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

Returns. If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy.

International Orders. May be subject to import taxes, customs duties, and/or fees imposed by the destination country. These charges will typically be due once the shipped goods arrive at the country of destination.

Indemnification. You agree to indemnify, defend and hold Medicool® and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

Disclaimer.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. MEDICOOL, INC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL MEDICOOL,INC® BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Medicool® or its affiliates.

Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Contact Information Relating to the Terms of This Agreement.

HOW TO CONTACT US:

Medicool
20460 Gramercy Place
Torrance CA 90501
United States