Changes We may periodically modify or supplement these Terms. If we make material changes to the Terms we will notify you via the Services (e.g., by posting a notice on the Site or providing notice via our applications or email) indicating that the Terms have been changed. All amended Terms become effective upon the earlier of (i) your use of the Services after such revisions have been posted and (ii) seven days after such revisions have been posted. If you do not agree with any changes to the Terms you must notify us of such disagreement and cease using the Services. We may modify the Services from time to time, including adding or deleting content or features or disabling certain aspects of the Services.
Use of the Services The Services are intended solely for users who are 18 years of age or older, and any registration, use or access to the Services by anyone under 18 is strictly prohibited and in violation of these Terms. By using the Services, you represent to us that you are 18 years of age or older and are legally competent to enter into and agree to these Terms. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us. You may use the Services only for your own benefit and only in accordance with, and subject to, these Terms, including any restrictions and limitations set forth in these Terms, stated on the Site or otherwise communicated to you via the Services. You agree to only use the Services only in a manner that complies with all laws that apply to you. You may not data mine, scrape, crawl, or use any robot other automatic device, script, technology or processes that send automated queries to the Site, or use other similar methods or tools, to gather or extract Content (as defined below) from the Services. In addition, you may not use the Services to compile data (or any other portion of the Content) in a manner that is used or usable by a competitive product or service. You may not link to the Site or any portion of the Services (including linking to a specific portion of the Services or framing Content in any way) and you may not employ script searches or search results from the Site in a manner that results in the display of any Content on a third party website or elsewhere. You may not modify the manner in which the Services are displayed or function, including framing, scraping or any other technique that would alter the display of the Site or the visual display of the Services, including the Content. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Site or the applications or the proper operation and usage of the Services by any other users or third parties. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Links to Third Party Websites Occasionally, we may make available a link to a third-party’s website. These links will let you leave the Site. The linked sites are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse any such site or its use or contents.
Unsolicited Submissions We are pleased to hear from our clients and Site users and welcome your comments regarding our services, including the Site. We request that you be specific in your comments on our services and products that may be available or identified on the Site. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property, and we may use, copy, display, distribute, adapt, transfer or dispose of Submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
Intellectual Property and Consent The Services, including the Site and the applications, and the design, text, graphics, images, video, information, applications, tools, software, and other content contained therein, and the arrangement thereof, including the Viking Cold Solutions company name and logo and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorship, know-how, publicity rights, trademarks, trade-dress, and trade secrets (collectively, “Content”), and all intellectual property and proprietary rights related thereto, are as between you and us the sole property of Viking Cold Solutions. All rights in Content not expressly granted in these Terms are reserved by Viking Cold Solutions. Without the prior written consent of Viking Cold Solutions, you shall not (i) use any Viking Cold Solutions name, trademark or other branding element in any advertising, publicity or in any other commercial manner, (ii) use any meta tags or any other “hidden text” utilizing any Viking Cold Solutions name or branding element, (iii) use the Viking Cold Solutions domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address, or (iv) reproduce (except solely as required for you to use the Services for their intended purposes), alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Content.
Warranty Disclaimer Viking Cold Solutions will use reasonable efforts to provide the Services. Any use of the Services, including any reliance upon or use any of the information therein, shall be at your sole risk. The Services (including the Site and the Content) are provided “As Is” and “As Available” without warranty of any kind (all of which are hereby disclaimed), whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability In no event shall Viking Cold Solutions or any of its licensors or information providers (collectively, “Viking Parties”) be liable to you or any user in connection with the services for any special, punitive, indirect, consequential or incidental damages or for loss of profits, revenue, use, or data, in each case arising under any theory, including under warranty, contract, tort (including negligence) or other theory, even if such Viking party is aware of or has been advised of the possibility of such damages. The Viking parties’ aggregate liability to you or to any third party claiming through you in connection with the use of the Services is limited to the greater of (i) the amounts, if any, you paid to us for the Services giving rise to the liability in the 12 months prior to the action giving rise to the liability, and (ii) $100.
Indemnification You agree to indemnify and hold the Viking Parties harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, and awards, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of your breach of these Terms and any use of the Services other than as expressly permitted in these Terms. The foregoing indemnity obligations will survive any termination of the Terms or your use of the Services. Viking Cold Solutions may, at its own expense, assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of Viking Cold Solutions.
Termination and Suspension We may terminate these Terms, or terminate, suspend or restrict your access to the Services, in the event that you violate any of the Terms. Upon termination or suspension, your right to access the Site and use the Services will immediately cease. We may discontinue, temporarily or permanently, all or part of the Services with or without notice. If your access to the Services is suspended or terminated by us you agree that you will not attempt to access the Services by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval.
Violations and Complaints Without limiting Viking Cold Solutions’ rights or remedies under these Terms or at law or in equity, Viking Cold Solutions may investigate complaints related to your use of the Services and alleged violations of these Terms and to take any action we deem necessary and appropriate in connection with such complaints and violations. Such action may include reporting any suspected activity that is in violation of these Terms or in violation of any law to law enforcement officials, regulators, or other third parties. In addition, we may disclose any information necessary or appropriate to such persons or entities, including personal information, relating to such complaints and violations. You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.
General You may not assign these Terms or otherwise transfer or sublicense any rights or obligations hereunder, in whole or in part; any attempt to do so shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect and remain fully enforceable. You will comply with all applicable laws, regulations and ordinances related to your use of the Services. Except as expressly stated herein, the Terms constitute the entire agreement between you and Viking Cold Solutions with respect to the Services, and the Terms supersede and replace all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and Viking Cold Solutions with respect to the Services or the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Viking Cold Solutions. Our failure to enforce our rights and remedies available to us with respect to your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
Governing Law and Arbitration These Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the state of Texas regardless of your country of origin or where you access the Services. You and Viking Cold Solutions agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Houston, Texas, except as otherwise agreed by you and us or as described in the paragraph below. At Viking Cold Solutions’ request, you agree to submit to the personal jurisdiction of the courts located within Houston, Texas for the purpose of litigating all such claims. Notwithstanding the above, you agree that Viking Cold Solutions shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. For any claim (excluding claims for injunctive or other equitable relief) where the potential award is reasonably likely to be $10,000 or less, either you or us may elect to have the dispute resolved through binding non-appearance-based arbitration. In the event such arbitration is requested, such arbitration shall be conducted through a reputable alternative dispute resolution provider mutually agreed upon by you and us. The arbitration must be conducted in compliance with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Notice and Contact Any notices given by you under these Terms shall be given in writing or by email and shall be delivered to the following address: Viking Cold Solutions, Inc. Attn: Legal 10335 Landsbury Drive, Suite 350 Houston, TX 77099
What we know about you. Viking Cold Solutions collects information about you to the extent you provide it to us. We maintain data that you agree to provide us when you contact us via the Site, and we may verify or combine this information with data about you that we have obtained from other sources. Although we have taken what we believe are reasonable measures to protect the personal information we have about you, the security of your transmission of that information or its storage may be undermined or compromised by third parties. We cannot and do not represent or warrant that Internet usage and available security measures are completely secure.
Our rights We may elect to electronically monitor areas of the Site and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to protect or operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers or Licensors. We are not responsible for screening, policing, editing or monitoring any Content provided or submitted by You or any other user. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Sponsor, Licensor, service provider or us.
Material Holding Bottle We hold U.S. Patent No. D,840,446 issued February 12, 2019, for our thermal energy storage cells.
Modification These Terms were last modified on February 18, 2019.