Welcome to the Crayola™ Color Coolerz!® website (“Site”).  These terms and conditions are a legal agreement (the “Agreement”) between you and Advanced H2O LLC (“Advanced H2O”) stating the terms that govern your use of this Site.

Please read this Agreement carefully.  You agree that your use of the Site or any services available on or through the Site constitutes acceptance of the terms and conditions listed below, in this Agreement (“Terms”).  If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this Agreement on behalf of that business.  You understand that Advanced H2O is relying on the fact that you are authorized to enter into this Agreement on behalf of that business.  If for any reason or no reason you do not agree to be bound by this Agreement, you must stop using or accessing the Site and any services made available through the Site.

Advanced H2O may from time to time amend, supplement or modify these Terms.  You must check this Agreement (available at www.crayolacolorcoolerz.com) periodically for changes.  Your continued access to or use of the Site following the posting of changes will also mean that you accept and agree to the changes to the Terms.

1.  The Site. In accordance with these Terms, the Site includes everything posted on or provided through pages posted on it at www.crayolacolorcoolerz.com, including all content. Content encompasses everything you see, hear, or otherwise receive from, on or through the Crayola™ Color Coolerz!® website, including, but not limited to, all software, resources, marketing tools, images, graphics, photographs, works, copyright-protectible subject matter, trademarks, service marks, trade dress logos, trade names, text, documents and sounds, and all services provided through the Site (“Content”).

2.  Links. The Site may contain links to sites operated by third parties.  Even if the third party is affiliated with Advanced H2O, Advanced H2O has no control over these linked sites.  Any outside links are provided only as a convenience, and use of outside links is at your sole risk. Links from the Site do not constitute Advanced H2O’s endorsement of any third party, its website, or its goods or services.  Advanced H2O is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims any and all liability you may experience by linking to or using such materials.

You may not create links to the Site that portray Advanced H2O in a false or misleading light.  You may not use “framing” or similar techniques to enclose any portion of the Site.

3.  Use of the Site.

Site Content.  All Content on the Site is copyright, trademark, trade dress or other intellectual property owned or licensed by Advanced H2O or its licensors and is protected under U.S. and/or international law and treaties.  Except as expressly allowed in these Terms, you may not use, reproduce, distribute, perform, display, create derivative works from, republish, upload, post, or transmit in any way whatsoever any Content without Advanced H2O’s prior written permission in each instance.

Trademarks.  Trademarks, service marks, and trade dress appearing on this Site and associated logos, banners and page headers are Advanced H2O’s trademarks, service marks, or trade dress (“Marks”). Other trademarks appearing on this Site are the property of their respective owners.  Except as expressly set forth in these Terms, you may not use any Marks without Advanced H2O’s prior written permission in each instance.

Use.  By accessing the Site, you agree to the following:

• You will not portray Advanced H2O, Crayola™ Color Coolerz!®, affiliates or licensors, or their products or services, in a false, misleading, derogatory, or offensive way.
• You will abide by all applicable local, state, federal, national and international laws, rules and regulations relating to use of this Site.
• You will not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of your services or of any Content.
• You will not copy, change, distribute, translate, decompile, disassemble, reverse engineer, loan, lease or sublicense software obtained from the Site or any copy thereof.
• You will not use, upload, post, transmit, distribute or otherwise publish on or to the Site any of the following: (1) spider, robot, scraper, intelligent agent or other automated data mining technique; (2) virus or other harmful component; (3) advertising or commercial material of any kind, except as expressly authorized; (4) false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful material.
• You will not interfere with the Site or any other user’s use of the Site by, for example, overloading, flooding, mail-bombing or crashing the Site; or inserting any code or product or manipulating the Content in any way that affects any user’s experience of the Site.

Advanced H2O may, at its sole discretion, terminate your access to the Site if it believes that you have directly or indirectly violated all or portions of your obligations under this Section.

Advanced H2O does not warrant or represent that customers are permitted to use any third party trademarks or other intellectual property. Any use of third party intellectual property must comply with any restrictions imposed by the owner, and is done at the customer’s own risk.  Advanced H2O is not responsible for the conduct of any person using the Site.

4.  Submissions. We welcome your comments regarding our Site, our products, and our services, and understand that from time to time, you may provide suggestions, comments, or other feedback (“Feedback”).  You provide this Feedback voluntarily.  Even if you designate this Feedback as confidential, Feedback shall not create any confidentiality obligations for Advanced H2O.  Advanced H2O shall be free to disclose, reproduce, distribute, perform, display, modify, create derivative works from, license or otherwise generally appropriate, use and exploit any Feedback provided to it, as it sees fit, without obligation or restriction of any kind on account of intellectual property rights or otherwise. This may include personal information about you and your use of the Site.  Please review our Privacy Policy at www.crayolacolorcoolerz.com/privacy-policy, for more information.

All Feedback provided on the Site shall remain the property of Advanced H2O.  You agree that your Feedback shall be, to the maximum extent eligible, a "work made for hire," under the U.S. Copyright Act, as amended.  If the Feedback is otherwise deemed not to be a "work made for hire," you hereby unconditionally and irrevocably transfer and assign to Advanced H2O all right, title, and interest in the Feedback in any and all media whether now known or later devised, in perpetuity, wherever produced or located, including the right to use, copy, distribute, perform, display and to create derivative works of the Feedback for advertising, trade, other commercial purposes or any other purpose.

You hereby waive (i) any right to publicity, privacy or moral rights relating to the Feedback, and (ii) any right to inspect or approve uses of the Feedback.  To the extent these rights may not be lawfully waived, you hereby agree not to indirectly or directly assert them against Advanced H2O or any third party authorized by Advanced H2O to utilize them.  Advanced H2O shall pay no compensation for its use of the rights hereunder and you understand and agree that this free grant of rights and availability is a material part of these Terms.

When providing information, you will provide accurate, current, and complete information as may be required in the course of using the Site. You further agree to maintain and update your information to ensure it is at all times accurate, current, and complete.  Advanced H2O may terminate your use of portions or the entire Site if any information you provide is false, inaccurate or incomplete, as determined by Advanced H2O in its sole discretion.

5. Contests. Advanced H2O wants you to have the chance to win Advanced H2O and Crayola™ Color Coolerz!® products. Advanced H20 contests on the Site give you the chance to win various products from time to time. The Contest is open to residents of the United States who are of a majority age in the state they reside and who complies with these Terms. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY OF THE ADVANCED H2O PRIZES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 

By submitting an entry, you represent and warrant that (i) you are a U.S. resident and you are of majority age based on the state in which you reside; and (ii) you have read and agreed to be bound by these Terms.

Advanced H2O is collecting the following information from you via the entry form: your first and last name and e-mail address. By entering the contest, you consent to our collection of such information. All information submitted in connection with this Contest will be treated in accordance with Advanced H2O’s Terms of Use and Privacy Policy. In addition, Advanced H2O may use your first name to announce you as the contest winner on the Site, elsewhere on the Internet (e.g., Twitter, Facebook), and in other publications. You hereby waive any right to publicity, privacy, or moral rights relating to the information you submit in relation to this contest. To the extent these rights may not be lawfully waived, you hereby agree not to indirectly or directly assert them against Advanced H2O or any third party authorized by Advanced H2O to utilize them. Advanced H2O shall pay no compensation for its use of the rights hereunder and you understand and agree that this free grant of rights and availability is a material part of these Terms.

Prizes are not transferable. Prize winners will not receive a cash award. No substitutions or exchanges of prizes will be permitted, except that Advanced H2O reserves the right to substitute a prize of equal or greater value for any prize that becomes unavailable. The prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOR ANY IMPLIED INDEMNITIES). ACCEPTANCE OR USE OF ALL OR PORTIONS OF THE GRAND PRIZE IS AT THE WINNER’S OWN DISCRETION AND RISK. WINNER AGREES TO SIGN AN AGREEMENT ALONG THESE LINES AS A CONDITION OF ACCEPTING THE PRIZE.

BY ENTERING THE CONTEST OR ACCEPTING ANY PRIZE, EACH PARTICIPANT AND THE PRIZE WINNER HEREBY RELEASE ADVANCED H2O AND ANY OF ITS RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENCIES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY LIABILITY WHATSOEVER, AND HEREBY WAIVE ANY AND ALL CAUSES OF ACTION FOR ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE CONTEST OR ACCEPTANCE, POSSESSION, USE AND/OR MISUSE OF ANY THE PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES, AND/OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, WHETHER INTENTIONAL OR UNINTENTIONAL) WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY, CONTRIBUTION, OR ANY OTHER THEORY.

6.  Disclaimers and Liability Limitations. If you are dissatisfied with the Site, any Contents, or any of the Terms, we would like to hear from you.  However, your only legal remedy is to stop using the Site.

YOU USE THE SITE SOLELY AT YOUR OWN RISK.  ADVANCED H2O PROVIDES THE SITE “AS IS,” AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE TITLE, AND NONINFRINGEMENT AND ANY IMPLIED INDEMNITIES.  IN NO EVENT WILL ADVANCED H2O OR ITS LICENSORS BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF ADVANCED H2O HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some states do not allow certain limitations on implied warranties or certain damages, so some of the above exclusions may not apply to you.  You understand and agree that Advanced H2O would not make the Site available “but for” your agreement to these disclaimers and liability limitations, and that Advanced H2O is at all times relying on your agreement to these disclaimers and liability limitations when it provides you with access to and use of the Site.

7.  Indemnification. You agree to defend, indemnify and hold harmless Advanced H2O and its affiliates, officers, directors, owners, agents, employees, contractors, licensees and licensors from and against any and all actual or threatened claims, damages, costs and expenses, including all costs, expenses and reasonable attorneys’ fees (including without limitation, fees and costs incurred in a bankruptcy proceeding, whether or not a lawsuit is filed), arising from or related to your use of the Site and for your violation of any of the terms or conditions contained in this Agreement.

8.  Termination.   Advanced H2O, in its sole discretion, may terminate or suspend your access to all or part of this Site, immediately and without prior notice or liability, for any reason or for no reason.   Your failure to comply with any of the covenants, terms or conditions in this Agreement automatically revokes your authorization, right and license to use the Site, and terminates any and all rights granted to you under these Terms.  If your access to this Site is terminated, the restrictions and obligations of these Terms that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, licenses, restrictions regarding the Content, warranty disclaimers and limitations of liability.  Advanced H2O may change, suspend or discontinue or restrict any Site feature at any time without prior notice.

9.  Applicable Law and Dispute Resolution.  This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state.  Venue for any action under this Agreement shall lie only in King County, Washington.  The parties hereby consent to personal jurisdiction over them by the courts within King County, Washington.  The parties waive all objection and challenge to such venue and personal jurisdiction.  In the event of a dispute hereunder, the prevailing party shall be entitled to recover its costs and expenses incurred, including reasonable attorneys’ fees.

10.  Infringement Notification Policy.

If you believe that any material appearing on the site constitutes copyright or trademark infringement, you need to send a written notice to our designated agent using our contact form.  In your written notice, you will need to include:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted or trademarked work claimed to have been infringed, or, if multiple copyrighted works or marks at a single online site are covered by a single notification, a representative list of such works or marks at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (e.g., a URL).

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or mark owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The information that you provide in the above notice may be shared with the person who is allegedly infringing your copyright.

11.  Miscellaneous.  This Agreement constitutes the entire agreement between you and Advanced H2O regarding access to and use of the Site and governs your use of any Content or Marketing Tools, superseding and entirely replacing prior agreements (if any) between you and Advanced H2O therefor.  You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.  If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  Advanced H2O’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement.  Advanced H2O will not be responsible for failures to fulfill any obligations due to causes beyond its control.  Advanced H2O obtains permission from other manufacturers and content owners to make their brands, logos, products and other content available to you through the Site. You agree that these owners that license their rights and content to Advanced H2O for the Site are intended third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content.  In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of this Agreement shall be in all cases construed as a whole according to its fair meaning and not strictly construed for nor against either party.

YOU HAVE READ, UNDERSTOOD AND APPROVED OF THIS AGREEMENT; YOU HAVE HAD AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL AND WITH SUCH OTHER EXPERTS OR ADVISORS AS YOU HAVE DEEMED NECESSARY IN CONNECTION WITH THIS AGREEMENT.  THE FACT THAT ADVANCED H2O MAY HAVE DRAFTED ALL OR PORTIONS OF THIS AGREEMENT SHALL HAVE NO BEARING UPON ITS INTERPRETATION OR CONSTRUCTION.