1. Eligibility. The Site is not available to persons under the age of 18 or to any Users previously suspended or removed from the Site by coolNYC. By clicking enrolling in coolNYC or by otherwise using the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Site.
3. Individual Features and Services. When using the Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms. CoolNYC reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Site.
5. Earning coolPoints in the program
Participants in coolNYC have the opportunity to earn "coolPoints" in connection with their participation that may be redeemed for gift cards and other prizes (“Gifts”) in accordance with the Terms and the redemption procedures described on the Site. Only (i) program participants that are in good standing and meet certain eligibility requirements, as described below in the Terms, and (ii) one person per household, may earn coolPoints.
You may earn coolPoints by installing your smartAC Kit, participating in Events and taking other actions as described on the Site from time to time. The number of coolPoints that are required to qualify for an applicable Gift will be posted on the Site.
In general, 1000 coolPoints = $1 of Gift value, however coolPoints do not constitute not cash, currency or property and cannot be redeemed for anything other than the Gifts listed on the Site from time to time provided you have the requisite amount for redemption and act within the time limits.
coolPoints may also be earned for activities like responding to surveys and participating in cool contests. Specific details on the activities and associated coolPoints that may be earned by your participation in the program may be found on the Site. CoolNYC reserves the right to add, change or remove these activities and/or the number of coolPoints earned thereby at any time. Once earned, coolPoints will remain in your account until they are redeemed or forfeited or expire in accordance with these Terms.
The total amount of coolPoints you have earned to date by participating in the program that are eligible for redemption will be reflected on the Site.
6. coolPoints Restrictions
It may take up to ninety-six (96) hours or more after you perform activities for the corresponding earned coolPoints to appear in your account. Once you reach the number of coolPoints to qualify for a Gift, you may redeem them by following the redemption procedures described on the Site. Gift redemption procedures may vary by the Gift selected. Gift cards will be fulfilled by electronic mail (email) and sent to the email associated with your coolNYC account. It is your responsibility to make sure this email is accurate and can receive email messages from coolYC.
coolNYC and its sponsors are not responsible for late, lost, stolen, incomplete, undelivered, illegible, damaged, mutilated, misdirected gift card materials (including the electronic delivery of gift cards) or for returned or undeliverable emails containing electronic gift cards; or for other errors or problems of any kind (including email delivery issues and deletions cause by spam filters or other program that limit email delivery) whether human, mechanical, electronic, network, computer, typographical, printing or otherwise relating to or in connection with the offer, including, without limitation, errors or problems which may occur in connection with the administration of the offer, the processing of request
7. Expiration of coolPoints
All coolPoints expire on December 31st of the calendar year in which they are earned. If you do not redeem your coolPoints on or prior to December 31st of the year in which you earn them, you will not be able to redeem them and they will no longer exist in your account during any future Program period, regardless of whether you have earned enough coolPoints to qualify for a Gift. Gifts available upon coolPoints redemption may change at any time.
8. Transfer and Verification of coolPoints
You may not combine or transfer coolPoints with other program participants, nor transfer, sell, or perform any other action in any manner in violation of these Terms. Any attempt to combine, transfer or sell coolPoints will result in your disqualification from the program and forfeiture of all coolPoints earned. If the program’s sponsor (Con Edison) or administrator (ThinkEco) has reason to believe that you have violated these Terms, they may take any other or additional action they deem appropriate in their discretion.
All coolPoints earned will be subject to verification by coolNYC officials, whose decisions are final and binding. You are responsible for ensuring the accuracy of your account and are encouraged to check your account regularly. If you believe that coolPoints were not properly accrued to your account, please contact coolNYC’s customer service at 1-800-682-0152. All coolNYC decisions regarding the awarding of coolPoints and/or Gifts are final and binding. Earned coolPoints and/or Gifts redeemed that are subsequently determined to have been invalid for any reason are subject to forfeiture or return/repayment, as applicable, and, depending on the circumstances, program disqualification.
You are responsible for paying all taxes, if any, associated with your receipt of Gifts or any other thing of value in connection with the program.
9. Other Website Terms
Software and Content Downloads. CoolNYC may make certain software and other content available to You for download (for a fee or otherwise) from the Site. All such software or other content that You download shall be subject to the terms and conditions included with such software or content or otherwise presented to You at the time of download.
10. Prohibited Conduct. By using the Site you agree not to:
10.1 Use the Site for any purposes other than to access the Site as such services are offered by coolNYC;
10.2 Post, upload, or distribute any defamatory, libelous, or inaccurate content; or distribute any other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
10.3 Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site under the accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
10.4 Delete the copyright or other proprietary rights on the Site;
10.5 Use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
10.6 Defame, harass, abuse, threaten or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Site for any commercial use, it being understood that the Site is for personal, non-commercial use only;
10.7 Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;
10.8 Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
10.9 Modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
10.10 Intentionally interfere with or damage operation of the Site or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
11. Account. When You use the Site you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to CoolNYC on registration, upon an inquiry or order and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify CoolNYC. You may be liable for the losses incurred by CoolNYC or others due to any unauthorized use of your Site account.
12. Third-Party Sites, Products and Services; Links. The Site may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). CoolNYC does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
You agree that CoolNYC, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with CoolNYC or your use of the Site and remove and discard all or any part of your account, User profile, at any time. CoolNYC may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account You may have or portion thereof may be affected without prior notice, and You agree that CoolNYC will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CoolNYC may have at law or in equity.
15. Indemnification. You agree to indemnify, save, and hold CoolNYC, Con Edison, ThinkEco and its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“Indemnified Parties”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. CoolNYC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Indemnified Parties, and You agree to cooperate with the Indemnified Parties defense of these claims. CoolNYC will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
16. Disclaimers; No Warranties.
No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COOLNYC, CON EDISON, THINKECO AND THEIR AFFILIATES, PARTNERS, LICENSORS, PARTNERS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. No advice or information, whether oral or written, obtained by You from CoolNYC or through the Site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Section 16 the term “CoolNYC” includes all of the sponsors, ThinkEco’s and its contractor’s respective officers, directors, employees, shareholders, agents, licensors and subcontractors.
17. "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
18. Content. CoolNYC, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
19. Accuracy. COOLNYC, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
20. Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
21. Limitation of Liability and Damages.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL COOLNYC, CON EDISON, THINKECO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH COOLNYC, EVEN IF COOLNYC OR AN COOLNYC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COOLNYC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Damages. IN NO EVENT WILL COOLNYC, CON EDISON, THINKECO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER SITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS, GIFTS OR SERVICES SOLD, REDEMMED OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN COOLNYC AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT COOLNYC HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COOLNYC, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COOLNYC. COOLNYC WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Waiver. The failure of CoolNYC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by CoolNYC.
Dispute Resolution and Arbitration.
(a) Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or CoolNYC will be filed only in the state or federal courts in and for New York County, New York, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
(d) Improperly Filed Claims. All claims you bring against CoolNYC must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 10 through 14.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Claims. YOU AND COOLNYC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. The Site is hosted in the United States, and the services provided hereunder are offered by CoolNYC: 120 East 23rd Street, 5th Floor, New York, NY 10010.