Last updated April 15, 2019
HARD WATER WARNING
Damage to air conditioners can result from use of the Cool-N-Save Air Conditioner Mister (the “Product”) with well water or other high mineral-content water. For this reason, Cool-N-Save, Inc. (“Company,” “we,” “us,” or “our”) does not sell the Product to INDIVIDUALS who represent that they use well water or are located in any of the following areas: Arizona, Southern and Central Nevada, High Desert, or Palm Springs, California and surrounding areas. use of the Product with well water (regardless of whether the water is filtered, purified, or otherwise treated), in the FOREGOING areas, or in any area with high mineral-content water, may result in damage to the air conditioner.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR AFFILIATES BE LIABLE TO A PURCHASER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES – INCLUDING DAMAGE TO AIR CONDITIONER OR OTHER PROPERTY, LOST PROFIT, OR LOST REVENUE – ARISING FROM USE OF THE PRODUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY FOR ANY CLAIM OR CAUSE OF ACTION, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER TO THE COMPANY. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The invalidity or unenforceability of any provision in this Limitation of Liability will not affect the validity or enforceability of any other provision.
Any claim or controversy arising out of or relating to the Product, its parts, or any other items sold by the Company, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before one or more neutral arbitrators, each of whom shall be a practicing attorney or retired judge. The place of arbitration shall be Denver, Colorado. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. The prevailing party shall be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.