Welcome to www.cooley.theblsgroup.net, the website for the Cooley Group (the “Website”). On these pages, “we” and “Cooley Group” means Cooley Group Holdings, Inc., a Delaware corporation, and Cooley, Incorporated, a Rhode Island corporation. If you visit www.cooley.theblsgroup.net, you accept these Terms of Use and all policies posted on our Website, including our Privacy Policy.
Terms of Use
Please read the following Terms of Use carefully. We may change or update these Terms of Use at any time. If we do so, we will post the revised Terms of Use on the Website. The date of the most recent revision will always be shown at the end of the Terms of Use. Please review our Terms of Use as often as you feel necessary, because each use of our Website is your confirmation that you agree with and accept the most recent version of these Terms of Use. If you do not agree with our current Terms of Use, please do not use this Website.
Privacy Policy
The Cooley Group respects your privacy and the security of your personal information. We encourage you to read the Privacy Policy that follows these Terms of Use so that you understand how we collect and use your information and can make informed choices about using our Website.
Trademarks and Copyrights
The Cooley Group name and logo and all other trademarks, service marks, or trade dress on this Website that reference Cooley Group products and services are owned by Cooley Group Holdings, Inc. or Cooley, Incorporated (as applicable). All other trademarks on the Website are the property of the respective trademark owners and are used on the Website with the permission of the owners. All designs, web pages, and source code included in the Website are copyrighted or licensed by the Cooley Group and are protected by United States and international copyright laws. All material from the Website, including Content (as defined below), may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Cooley Group. Unauthorized use of any material on the Website or any Cooley Group or third-party trademarks is prohibited by law.
Content Available on the Website
The Cooley Group grants you permission to use any documents or material (such as any FAQs, datasheets, articles, photographs, and press releases) that it owns and may make available on the Website (collectively, the “Content”), provided that: (a) you do not modify the Content; (b) your use of the Content is for informational, personal, and non-commercial purposes only and the Content will not be posted on any network computer or broadcast in any media; and (c) you will retain copyright notices and other proprietary notices on every copy you make. The Cooley Group may revoke this permission at any time and, if it does so, you agree to stop using the Content immediately. Use for any purpose other than as provided in clause (b), above, is expressly prohibited by law.
The Cooley Group may also have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the Content, and the Cooley Group and its licensors retain all right, title, and interest in and to such intellectual property rights. Except as expressly provided above or in a written agreement between you and the Cooley Group, the furnishing of the Content does not grant you any license, express or implied, to any such patents, patent applications, trademarks, copyrights, or other intellectual property of the Cooley Group.
Links
The Website may include links to other websites that are not owned or operated by the Cooley Group and may also include information and material that relate to products and services provided by third party service providers. You acknowledge that the Cooley Group is not responsible for the operation of, or content located on or through, any third-party website. The inclusion of a link to such website does not imply endorsement by the Cooley Group. Viewing of any website linked to the Website is at your own risk.
Minors
The Cooley Group does not market itself to children. If you are under 18, you may use the Website only with involvement of a parent or guardian.
Indemnification
You agree to indemnify, defend, and hold harmless the Cooley Group and its subsidiaries, divisions, and affiliates, and each of their officers, directors, representatives, agents, and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Website, including without limitation with respect to any breach or alleged breach of any of your obligations set forth in these Terms of Use. The Cooley Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not settle any matter without the written consent of the Cooley Group. You shall cooperate as fully as reasonably required in the defense of any claim.
Site Disclaimer
The Website, including all Content on the Website, is provided on an “as is” and “as available” basis. Use of the Website is at your own risk. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the Cooley Group, its subsidiaries, and its licensors do not warrant that the Content is accurate, reliable, complete, or correct; that the Website will meet your requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any Content downloaded or accessed through the Website is downloaded or accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or access.
Limitation of Liability
The Cooley Group will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, caused by the Website or any Content on the Website or any use of or inability to use the Website, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance, or computer virus, even if an authorized representative of the Cooley Group has been advised of the possibility of such damages. The Cooley Group will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, that may result from linking to any third-party website.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to certain users.
Termination
The Cooley Group may, in its sole discretion, for any reason or no reason, at any time terminate your access to the Website and any password you may have in connection with the Website and remove your personal information from the Website.
Miscellaneous
This Agreement constitutes the entire agreement between you and the Cooley Group regarding your use of the Website and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement will be governed by the laws of the State of Rhode Island applicable to contracts entered into and performed exclusively in the State of Rhode Island. Any court of competent jurisdiction sitting within the State of Rhode Island will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Website or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.
Contact Us
If you have any comments or questions about these Terms of Use, please feel free to contact us at:
Cooley, Incorporated
50 Esten Avenue
Pawtucket, RI 02860
Or by email at: info@cooley.theblsgroup.net
Last Update
These Terms of Use were last updated and are effective as of December 23rd, 2011.
Privacy Policy
Privacy is of fundamental importance to the Cooley Group and this Privacy Policy outlines how we collect, use, and safeguard your information on our Website. This Privacy Policy applies only to information we collect through the Website.
Changes to this Privacy Policy
This Privacy Policy may be updated periodically without notice to you to reflect changes in our online information practices. Our most current Privacy Policy is always available on our Website and the most recent revision date is always shown at the end of the Privacy Policy.
Contact Us
If you have comments or questions about this Privacy Policy or wish to “opt out” of certain kinds of information uses, please feel free to contact us at:
Cooley, Incorporated
50 Esten Avenue
Pawtucket, RI 02860
Or by email at: info@cooley.theblsgroup.net
Information We Collect
The information we collect generally falls into two categories: (1) personal information you provide voluntarily, such as when you provide us with your information to learn more about the Cooley Group or to sign up for our newsletter; and (2) tracking information we may collect as you navigate through the Website.
Please see the section below captioned “How You May Opt Out of Our Information Uses” regarding your right to ask us not to use your information for certain purposes.
Personal Information
We may ask for your name, mailing address, email address, telephone number and other personal information. We use this information to customize your online experience, provide you with personalized email and direct mail messages about the Cooley Group and help us improve the Website.
Tracking Information/Cookies
When you visit our Website, we may collect tracking information such as your browser type, the type of operating system you use, which pages you visited on our Website, and which search terms you entered. We use cookies, Web beacons, and other technologies for analysis and personalized services.
A cookie is a small text file that is sent to your computer by our Website’s server. We use cookies to collect tracking information and to remember information you have given us. This is done so that you don’t have to reenter the information each time you visit our Website. Most web browsers can be set to inform you when a cookie has been sent to you and provide you with an opportunity to refuse that cookie or to remove it later. Please note that if you remove or chose not to accept our cookies, you will need to reenter your information and reselect your preferences each time you visit our Website.
How Your Information Will Be Used
We will use the information we collect from and about you for various purposes, including responding to your requests, providing you with additional information about the Cooley Group, and improving our Website. Our primary goal is to provide you with all information necessary for you to gain a full understanding of the Cooley Group and the services and products we offer.
How Your Information Will Be Shared
We value your privacy and will not sell your personal information to third parties. However, we may share your information with third parties under limited circumstances, such as:
A. Service Providers. We may share your information with third-party service providers who help us operate and maintain our Website or deliver our services. Any third-party service provider with whom we share your information will be contractually restricted from using or disclosing your personal information for any purpose other than as necessary to provide the services for which the information was disclosed.
B. For Legal Purposes. We will release information when we believe we are legally required to do so, such as in response to a court order or subpoena. We may also be required to release information if we are purchasing or selling a business, although in such cases your information would normally be covered by a non-disclosure agreement.
C. Aggregate Information. We may disclose to third parties non-personally-identifiable aggregate statistics, such as overall patterns or demographic reports, regarding user behavior as a measure of interest in, and use of, our Website and marketing materials. Aggregate disclosures will not describe or identify any individual user.
How You May Opt Out of Our Information Uses
If you do not wish to receive marketing information from us in the future, you may opt out by clicking on the “unsubscribe” link included in any marketing email or by contacting us at the postal or email address at the beginning of this Privacy Policy, in the Section captioned “Contact Us.” We will make reasonable efforts to honor your request promptly.
You cannot opt out of our use of your information for legal purposes or to respond to a request that you initiated.
Updating or Correcting Your Information
Please let us know if any information you have provided to us is incorrect or incomplete, and we will use reasonable efforts to update or correct it promptly.
Security
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. We maintain a secure process to collect, transmit, and store your personal information.
Please note that no method of transmitting or storing electronic data is ever completely secure, so we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Privacy Policy.
If we introduce password-protected features, we urge you to keep any online password we may provide you in a safe place and not to disclose it to anyone. Also remember to sign out and close your browser window when you have finished your visit, especially if you are sharing a computer with someone else or are using a computer in a public place, such as a library or Internet cafe.
Minors
This Website is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on our website. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on our website, we will delete the information from our records.
Last Update
This Privacy Policy was last updated and is effective as of December 23rd, 2011.
STANDARD CONDITIONS OF SALE
1. Unless otherwise indicated on the face of this invoice, title, liability for and risk of loss to product sold hereunder passes to Buyer upon shipment from premises of the Cooley Group hereunder (“Cooley”).
2. Cooley makes no warranty of any kind, express or implied except the goods sold hereunder shall be free of defects and shall meet its published specifications at the time of delivery. THERE IS NO WARRANTY OF, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
3. In the event that materials sold and delivered do not meet published specification at the time of delivery, buyer’s remedies are limited to replacement of the goods or refund of the purchase price, at the option of Cooley. Failure of the Buyer to give notice of a claim within thirty (30) days of delivery shall constitute a waiver by the Buyer of all claims with respect to such goods. No claims shall be allowed after the goods have been resold. THIS IS THE BUYER’S EXCLUSIVE REMEDY FOR ANY FAILURE OF THE PRODUCT TO MEET PUBLISHED SPECIFICATION OR OTHER DEFECT, REGARDLESS OF WHETHER THOSE SPECIFICATIONS ARE THAT OF COOLEY OR THAT OF ANOTHER PARTY. SINCE THE MATERIAL SOLD HEREUNDER MAY BE USED UNDER VARYING CONDITIONS UNDER WHICH COOLEY HAS NO) CONTROL, COOLEY HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXCEPT AS SET FORTH HEREIN ABOVE, AND THERE IS NO IMPLIED WARRANTY AS TO THE FITNESS OF THE MATERIAL SOLD HEREUNDER, EXCEPT AS PROVIDED HEREIN ABOVE. IN NO EVENT SHALL COOLEY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES UNDER ANY THEORY OF LAW OR STATUTE, COOLEY SHALL, UNDER NO C1RCUMSTANCES,OR UNDER
ANY THEORY OF LAW, BE LIABLE FOR DAMAGES WHICH ARISE AS A RESULT OF CLAIMS OF PERSONAL INJURY OR DEATH, DAMAGE TO PROPERTY, LOSS OF PROFITS, PUNITIVE OR EXEMPLARY DAMAGES OF ANY TYPE.
4. If this agreement covers products that must necessarily be manufactured especially for Buyer and is suspended or terminated for any reason, Buyer will take delivery of and make payment for such products as have been completed and such as are in process on the date notice of suspension or termination is received by Cooley: provided, that if Buyer for any reason cannot accept delivery of such products, it will make payment therefore as though delivery had been made and Cooley will store such products for Buyer’s account and at Buyer’s expense.
5. At Buyer’s request, Cooler may furnish such technical assistance and information as it has available with respect to the use of the products covered by this agreement. Unless otherwise agreed in writing, all such technical assistance and information will be provided gratis, and Buyer assumes sole responsibility for results obtained in reliance thereon.
6. The Buyer shall reimburse Cooley for all taxes, (excluding income taxes) excises or other charges which Cooley may be required to pay to any Government (National, State or Local) upon the sale, production or transportation of the products sold hereunder.
7. In the event Buyer fails to fulfill the payment terms of Cooley, or in case Cooley shall have any doubt at any time as the Buyer’s financial responsibility, Cooley may decline to make further deliveries except upon receipt of cash or satisfactory security.
8. This agreement is not assignable or transferable by either party, in whole or in part, except with the prior written consent of Cooley. Cooley reserves the right to sell, assign or otherwise transfer its right to receive payment under this agreement.
9. In addition to the Standard Conditions of Sale set forth herein, any Special Conditions of Sale set forth on the front of this invoice or in the current price list for the products sold hereunder shall apply and are incorporated by reference herein.
10. This document, along with documents specifically referred to herein, contains all of the terms and conditions with respect to the sale and purchase of the products sold hereunder. These terms and conditions supersede any of previous date and no modification thereof shall be binding on either party unless in writing and signed by both parties. No modification shall be effected by the acknowledgement or acceptance of purchase order forms stipulating different conditions. Unless Buyer shall notify Cooley in writing to the contrary as soon as practicable after receipt of this document by Buyer, the Buyer’s acceptance of the products or payment therefore shall be equivalent to Buyer’s assent to the terms and conditions hereof. Waiver by either party of any default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may thereafter occur.
11. This agreement is to be construed, and the respective rights of Buyer and Cooley are to be determined according to the laws of the State of Rhode Island U.S.A. without regard to choice of law or conflicts principles of any jurisdiction, including Rhode Island, and the courts of Rhode Island shall have exclusive jurisdiction over any disputes or issues arising under this agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not govern this agreement of the performance thereof or any aspect of any dispute arising therefrom.
TERMS AND CONDITIONS OF THE SALE OF SECONDS
If the items on the face of this invoice are marked as seconds, or if the invoice indicates that the sold items are seconds, the following applies:
1. Buyer acknowledges that the sales of the materials are on an “AS IS” basis and that tire Buyer has waived all rights of inspection of the materials sold hereunder
2. Buyer assumes all risks and liabilities for the results obtained by the use of materials sold hereunder. Buyer has no remedy for the failure of the goods to perform in any usage or to meet any specifications.
3. COOLEY MAKES NO WARRANTY THAT THE GOODS SOLD HEREUNDER SHALL MEET ANY PUBLISHED SPECIFICATION. COOLEY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. COOLEY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER.
4. THERE IS NO REMEDY FOR THE FAILURE OF A PRODUCT MARKED “SECONDS” TO MEET’ ANY PUBLISHED SPECIFICATION, WARRANTY, OR TO PERFORM ANY USAGE. COOLEY SHALL NOT, UNDER ANY CIRCUMSTANCES, OR UNDER ANY THEORY OF LAW, BE LIABLE FOR DAMAGES WHICH ARISE AS A RESULT OF CLAIMS OF PERSONAL INJURY OR DEATH, DAMAGE TO PROPERTY, LOSS OF PROFITS, PUNITIVE OR EXEMPLARY DAMAGES OF ANY TYPE.
