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Terms of Use

General Terms of Use

Last updated: January 5, 2020

Welcome to www.lakacoolers.com. LAKA Coolers ("LAKA") provides this website as a service to help you learn more about LAKA and our products, and as a place where you can shop for our products.  This website and all other LAKA products are collectively referred to as the "LAKA Goods and Services". All LAKA Goods and Services are provided by LAKA subject to the following conditions.

Please read the conditions carefully. You agree to each of them by using any of the LAKA Goods and Services

LAKA offers an expanding list of LAKA Goods and Services. Use of some LAKA Goods and Services (for example, LAKA gift cards and LAKA rewards programs) is subject to additional or different terms of service ("Service Terms"). If these General Terms of Use are inconsistent with the Service Terms for a service, the Service Terms related to that service will control.

 

PRIVACY

LAKA respects the privacy of those who use the LAKA Goods and Services, but it is necessary for LAKA to collect, retain and use data regarding those who use the LAKA Goods and Services.  Please review LAKA’s Privacy Notice to understand our information collection, retention and use practices.  By using the LAKA Goods and Services you also agree to all terms contained in LAKA’s Privacy Notice.

 

ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other LAKA Goods and Services.  You may retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  Likewise, you may send electronic communications to us in connection with your use of the LAKA Goods and Services.  You agree that all agreements, notices, disclosures, and other communications that you provide to LAKA electronically satisfy any legal requirement that such communications be in writing and that LAKA may use all electronic communications between you and LAKA as LAKA sees fit in carrying out its business.

 

COPYRIGHT

LAKA own copyrights in and to content included in or made available through any LAKA Goods and Services and all compilations of such content. Such content, and the compilation of such content, included in or made available through any LAKA Goods and Services is the exclusive property of LAKA and protected by U.S. and international copyright laws.  Such content includes, but is not limited to, photographs, graphics, designs, drawings, logos, button icons, images, audio and video clips, digital downloads, data compilations, text and software.

 

TRADEMARKS

LAKA is the owner of the LAKA trademark. In addition, the designs incorporated into LAKA’s products and product packaging as well as graphics, logos, page headers, button icons, scripts, and service names included in or made available through any LAKA Goods and Services are trademarks or trade dress owned by LAKA. LAKA's trademarks and trade dress (and trademarks and trade dress similar thereto) may not be used in connection with any product or service that is not LAKA's, or in any other manner that is likely to cause confusion as to the origin, sponsorship, or approval of goods, services, or commercial activities offered by LAKA. Likewise, LAKA’s trademarks and trade dress may not be used to misrepresent the nature, characteristics, qualities, or geographic origin of LAKA’s (or another person’s) goods, services, or commercial activities. All trademarks not owned by LAKA that appear in any LAKA Goods and Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LAKA.

 

LICENSE AND ACCESS

LAKA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the LAKA Goods and Services LAKA makes available to you. This license grant is subject to your full compliance with these General Terms of Use and all other Service Terms. This license does not include: (a) any commercial use of any LAKA Goods and Services or its contents; (b) any collection or use of any product listings, descriptions, or prices; (c) any derivative use of any LAKA Goods and Services or its contents; (d) any downloading, copying, or other use of information for the benefit of any third party; or (e) any data mining through the use of robots or any other similar data gathering and extraction tools. All rights not expressly granted to you in these General Terms of Use or any Service Terms are reserved and retained by LAKA. You are not authorized or permitted to reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose any LAKA Goods and Services without express written consent of LAKA.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LAKA without the express written consent of LAKA. You may not use any meta tags or any other "hidden text" utilizing LAKA's name or trademarks without the express written consent of LAKA. You may not misuse the LAKA Goods and Services. You may use the LAKA Goods and Services only as permitted by law. The licenses granted by LAKA terminate if you do not comply with these General Terms of Use or any applicable Service Terms.

 

YOUR ACCOUNT

To make purchases via this website you must have a valid credit card or other permitted payment method associated with your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and for restricting access to your account. You are personally responsible for all activities that occur via your account.

 

FAMILY MEMBERS

LAKA generally sells its goods and service online only to adults able to supply a credit card or other permitted payment method. People under 18 may purchase LAKA Goods and Services only with the assistance of a parent or guardian. LAKA reserves the right to refuse service, terminate accounts, terminate your rights to use LAKA Goods and Services, remove or edit content, or cancel orders in its sole discretion.

 

COMMENTS

LAKA is proud of the LAKA Goods and Services. LAKA encourages posting of reviews, comments, photos, videos, and other content relevant to LAKA Goods and Services. Likewise, LAKA encourages submission of suggestions, ideas, comments, questions, or other information.  However, you agree not to post or submit any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable. You also agree not to post or submit any content that contains software viruses, political campaigning, commercial solicitation, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. LAKA reserves the right (but not the obligation) to remove or edit such content.  LAKA does not regularly review posted content.

You grant LAKA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display all content you post or submit throughout the world in any media. You grant LAKA and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LAKA for all claims resulting from content you supply. LAKA has the right but not the obligation to monitor and edit or remove any activity or content. LAKA takes no responsibility and assumes no liability for any content posted by you or any third party.

 

INTELLECTUAL PROPERTY COMPLAINTS

LAKA respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at: info@lakacoolers.com or P.O. Box 637 Mound, MN 55364

 

RISK OF LOSS

LAKA uses a variety of commercial carriers to transport certain LAKA Goods and Services.  Risk of loss and title for such LAKA Goods and Services you purchase from LAKA pass to you upon our delivery to the carrier by LAKA.

 

RETURNS, REFUNDS AND TITLE

LAKA does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, LAKA never takes title to the refunded item. For more information about our returns and refunds, please contact LAKA at: warranty@lakacoolers.com.

 

PRODUCT DESCRIPTIONS

LAKA attempts to accurately describe all items it sells. However, LAKA does not warrant that product descriptions or other content on this website related to any LAKA Goods and Services is accurate, complete, reliable, current, or error-free. If the LAKA Goods and Services you purchase from LAKA are not as described, your sole remedy is to return them in unused condition in the original packaging.

 

PRICING

LAKA cannot confirm the price of an item until you order. An item on this or other websites may be mispriced. If the correct price of an item sold by LAKA is different than the stated price, LAKA will, at its exclusive option, either sell you the item for the misstated price, contact you for instructions before shipping, or cancel your order and notify you of such cancellation.

 

SANCTIONS AND EXPORT POLICY

You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software technology, and services you acquire from LAKA.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE LAKA GOODS AND SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAKA GOODS AND SERVICES ARE PROVIDED BY LAKA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  LAKA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LAKA GOODS AND SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAKA GOODS AND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LAKA GOODS AND SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, LAKA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAKA DOES NOT WARRANT THAT THE LAKA GOODS AND SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAKA GOODS AND SERVICES, LAKA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LAKA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, LAKA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY LAKA GOODS AND SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY LAKA GOODS AND SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

DISPUTES

Any dispute or claim relating in any way to your use of any LAKA Goods and Services, or to any products or services sold or distributed by LAKA or through this website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to warranty@lakacoolers.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $100.00 unless the arbitrator determines the claims are frivolous. Likewise, LAKA will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW

By using any LAKA Goods and Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and LAKA.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these General Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

ADDITIONAL LAKA SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with LAKA Goods and Services (the "LAKA Software").

  1. Use of the Software. The LAKA Software may be used by you only as necessary for you to use the LAKA Goods and Services as provided by LAKA, and as permitted by these General Terms of Use and any Service Terms. The LAKA Software may not be copied into other programs by you. You may not compile any portion of LAKA Software in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the LAKA Software in whole or in part. All software used in any LAKA Goods and Services is the property of LAKA or its software suppliers and is protected by United States and international copyright laws.
  1. Use of Third-Party Services. Your use of the LAKA Software may involve using the services of one or more third parties. Examples of such third-parties include, but are not limited to, internet service providers, wireless carriers and software providers. Your use of such services offered by such third parties is likely subject to the separate policies, terms of use, and fees of these third parties. 
  1. No Reverse Engineering. Reverse engineering, decompiling or disassembling, tampering with, or bypassing any security associated with the LAKA Software, whether in whole or in part, is strictly prohibited.
  1. LAKA may offer automatic or manual updates to the LAKA Software at any time and without notice to you.
  1. Government End Users. U.S. Government end users are licensing the LAKA Software as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to the LAKA Software are the same as the rights LAKA grants to all others under these General Terms of Use.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using the address: info@lakacoolers.com or P.O. Box 637 Mound, MN 55364

 Written claims concerning copyright infringement must include the following information:

  • A signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • 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
  • 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.

 

LAKA Privacy Notice

Last updated: January 5, 2020.

Our privacy policy is described in this notice. You are accepting our practices described in this Privacy Notice by visiting this website.

 

INFORMATION LAKA GATHERS:

Automatic Information: LAKA receives and stores certain types of information whenever someone interacts with LAKA using this website. LAKA uses "cookies," and collects certain types of information when your browser accesses this website and its content. Examples of the information we collect include all Internet protocol (IP) addresses used to connect your computer to the internet; login information; e-mail addresses; passwords; computer and connection information such as browser types, versions, and time zone settings, browser plug-in types and versions, operating systems, and platforms; purchase histories; the full Uniform Resource Locator (URL) clickstreams to, through, and from LAKA’s website, including dates and times; cookie numbers; products you viewed or searched for; and phone numbers you used to call Laka Coolers or its affiliates.  We sometimes aggregate your information with similar information from other customers.  

LAKA uses "cookies" and collects certain types of information when your browser accesses this website and its content. During some visits LAKA may use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

When you access LAKA’s websites using a mobile device, we also collect location information if such information is disseminated by the mobile device. Your mobile device likely allows you to disable location services. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or your device manufacturer.

Information You Enter: LAKA receives and stores any information you enter on this website or give LAKA in other ways. You provide most such information when you search, buy, post, participate in a contest or questionnaire, or communicate with LAKA’s various departments such as our customer service and sales departments. You may choose not to provide certain information, but then you might not be able to take advantage of many of all LAKA Goods and Services. LAKA uses the information you provide in many ways. Some examples include as responding to your requests related to LAKA and the LAKA Goods and Services, customizing your future shopping experience, improving the LAKA Goods and Services and your shopping experience, and communicating with you. 

Communications: We store the information contained in e-mails, text messages or any other type of electronic communications you send to us.  When we send you an e-mail, text message or other electronic communication we often receive a confirmation that you received or accessed the communication. We also record and store online chat communications and telephonic communications.

Information from Other Sources: LAKA receives information about you from other sources. Examples include information from credit companies, delivery companies and online marketing companies. For example, LAKA receives updated delivery and address information from the delivery companies LAKA uses, search term and search result information from some searches conducted through the Web search from online marketing companies; and credit history information from credit bureaus (used to detect fraud and to offer certain credit or financial services to some customers) and payment information from credit card companies.   

 

How LAKA Uses Cookies:

A cookie is a small piece of data sent from a website and stored on the user's computer by the user's web browser while the user is browsing. Cookies are designed to be a reliable mechanism for websites to remember useful information (such as items added in the shopping cart in an online store) or to record the user's browsing activity (including clicking particular buttons, logging in, or recording which pages were visited in the past). Cookies may also be used to remember arbitrary pieces of information that the user previously entered.  Such information often includes names, addresses, passwords, credit card numbers, and authentication codes identifying whether a user is logged in or not. 

LAKA uses cookies for many reasons including enabling LAKA’s computer system to recognize your device, enable storage of items in your electronic shopping cart, and accept orders for LAKA Goods and Services that you place online.

Most internet browsers allow users to turn cookies off.  We recommend that you leave them turned on when you visit this site to have full access to LAKA’s Goods and Services made available to you. You will not be able to add items to your electronic shopping cart, proceed to place an order, or use any LAKA Goods and Services that require you to log in if you disable cookies. 

 

Information LAKA Shares:

Information about our customers is an important part of our business, and we are not in the business of selling it to others. Except as set forth in paragraphs 1-5 below, you will receive notice from LAKA before information about you is intentionally sent by LAKA to third parties, and you will have a reasonable opportunity to choose not to share the information. 

  1. Affiliates: In some cases, LAKA provides services and sells products jointly with other businesses You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.
  2. Service Providers: LAKA works with other companies to improve the customer experience. These other companies help us perform a variety of customer service functions including fulfilling orders, delivering packages, processing credit card payments, and providing customer service. These other companies also assist us with our advertising and marketing efforts including sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, and providing search results and links,  We give these companies access to personal information needed to perform their functions.  We restrict these other companies from using the personal information for purposes unrelated to LAKA. 
  3. Advertising: LAKA sometimes sends product offerings to select groups of customers on behalf of other businesses. LAKA does not give such businesses customer names or addresses. We also allow customers to opt out of receiving such offers.  To do so, log into the website and go to “Account Settings.” 
  4. Business Transfers: In the unlikely event that substantially all assets of LAKA (or a LAKA product line) are acquired by another business, customer information will of course be one of the transferred assets.
  5. Required Disclosures: LAKA will release account and other personal information if it reasonably believes such release is necessary to (a) comply with applicable law; (b) enforce or apply LAKA’s General Terms of Use, Specific Terms and other agreements; or (c) protect the rights, property, or safety of LAKA, its users or third parties. For example, LAKA exchanges information with credit card companies, banks and law enforcement agencies for fraud protection and credit risk reduction. LAKA does not disclose personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

 

Security:

We undertake reasonable efforts to secure the information you provide.  For example, we work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. You must protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. We are not responsible if someone gains access to your information due to your negligence or mistake. Likewise, we are not liable if someone otherwise gains access to your information despite our reasonable efforts to secure such information.

 

Access to Information:

LAKA gives you access to certain information about your account and your interactions with LAKA or the limited purpose of viewing and, in certain cases, updating that information. Such information includes recent orders; identification information including your name, e-mail address, and password; credit card information; and any profile or wish list information you have supplied.

 

Opting Out:

You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of certain LAKA Goods and Services.  If you do not want to receive e-mail or other mail from us, simply hit the “unsubscribe” button at the bottom of an e-mail from us and follow the instructions. Please login and adjust your advertising preferences if you do not want LAKA to use personal information that we gather to allow third parties to personalize advertisements we display to you. Use the features of your internet browser to prevent your browser from accepting new cookies from LAKA or to receive a notice generated by your browser whenever you receive a cookie from LAKA.  Again, if you block LAKA’s cookies, you will not be able to add items to your electronic shopping cart, checkout, or use any LAKA Goods and Services that require you to sign in. 

 

Children:

LAKA does not sell products for purchase by children via LAKA’s websites. If you are under 18, you may use LAKA’s websites only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child's parent or guardian.

 

Conditions of Use, Notices, and Revisions:

Your visit any LAKA website, and any dispute over privacy, is subject to this Notice and our General Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Minnesota. If you have any concern about privacy, please contact us with a thorough description, and we will try to resolve it. Our Privacy Notice and the General Terms of Use are subject to change. Our current version of our Privacy Notice and the General Terms of Use are available on this website and you should check back frequently to see any changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account.