Effective Date: January 25, 2024
Welcome to https://coldbru.digital/
These Terms and Conditions govern your use of this website. By using this website, you agree to be bound by these Terms and Conditions.
Use of the Website
You may use this website for your personal and non-commercial use only. You may not use this website for any illegal or unauthorized purpose.
Content
The content on this website is protected by copyright and other intellectual property laws. You may not use any of the content on this website without our written permission.
Links
This website may contain links to other websites. We are not responsible for the content of any other websites.
Disclaimer
This website is provided "as is" without any warranties of any kind, express or implied. We do not warrant that this website will be uninterrupted or error-free.
Limitation of Liability
We will not be liable for any damages arising out of your use of this website.
Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Binding Arbitration
In the event of any dispute, claim, or controversy between you and ColdBru Digital LLC ("ColdBru," "we," "us," or "our"), including but not limited to disputes arising out of or relating to:
These Terms and Conditions
Your use of our website, services, or marketing campaigns
Any purchases or transactions made through our platform
Privacy or data security matters
Advertising, marketing, or communications
The breach, termination, enforcement, interpretation, or validity of this Agreement
Such disputes shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Arbitration Procedures
The arbitration will be conducted by JAMS (Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules and Procedures, unless the parties mutually agree otherwise
The arbitration shall take place in Miami, Florida or via video conference at the election of the party initiating arbitration
The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree within thirty (30) days, JAMS will appoint a neutral arbitrator with experience in digital marketing and business services law
The arbitration shall be conducted in English
The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction
Class Action Waiver
YOU AND COLDBRU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless both you and ColdBru agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative, collective, or class proceeding.
Jury Trial Waiver
YOU AND COLDBRU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ColdBru are instead electing that all claims and disputes shall be resolved by arbitration.
Costs and Fees
If your claim is for $10,000 or less, ColdBru will pay all filing, administration, and arbitrator fees unless the arbitrator finds your claim frivolous
For claims exceeding $10,000, payment of filing, administration, and arbitrator fees will be governed by JAMS rules
Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a party's claim or defense was frivolous or brought in bad faith
The arbitrator may award attorneys' fees and costs to the prevailing party if permitted by applicable law
Exceptions to Arbitration
Either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights
Claims that by law cannot be subject to arbitration
30-Day Opt-Out Period
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to: legal@coldbru.com, within thirty (30) days of first accepting these Terms and Conditions. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration clause.
Severability
If any part of this arbitration provision is deemed invalid, unenforceable, or illegal, the remainder of this arbitration provision shall remain in effect. If the class action waiver is found unenforceable, then the entire arbitration provision shall be null and void, and disputes shall proceed in court.
Changes to This Section
ColdBru will provide thirty (30) days' notice of any changes to this arbitration section by posting on our website. Changes will become effective on the 30th day and will apply to all claims not yet filed.
Survival
This arbitration agreement shall survive the termination of your relationship with ColdBru and the expiration or termination of these Terms and Conditions.
Termination
We may terminate your access to this website at any time for any reason.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us regarding your use of this website.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.
Contact Us
If you have any questions about these Terms and Conditions, please contact us via contact buttons on the site.