Terms & Conditions

These Terms and Conditions were last revised on October 28, 2022.

Cooper Holdings Inc, a Nevada corporation (“Cooper Holdings”) provides this website and related goods and services, including any and all online stores and other services (collectively, the “Cooper Service”) subject to your compliance with the Terms and Conditions set forth below. Your use of the Cooper Service signifies your acknowledgement of and agreement to these Terms and Conditions.

These Terms and Conditions apply to all users of the Cooper Service. The term “users” includes both registered members of the Cooper Service and any other person that accesses or uses the Cooper Service at any point for any amount of time.

  1. TERMS OF SALE. By placing an order for merchandise through the Cooper Service you agree to our terms of sale (“Terms of Sale”) set out in this Section.
    1. Order and Acceptance. Each item in an order that you submit to Cooper Holdings constitutes a separate offer to purchase that item. After you place your order through the Cooper Service, you will receive a confirmation notice on the website and/or through a confirmation email. The onscreen confirmation notice and/or confirmation email that we send to you does not constitute acceptance of your order. Rather, Cooper Holdings is not deemed to have accepted any item in your order until that item is shipped or made available for electronic delivery.
    2. Rejection of Orders. Cooper Holdings may reject your order for any reason. Reasons for rejecting an order include:
      • item pricing error
      • item unavailability
      • rejection of payment
      • insufficient shipping address
      • suspected fraudulent activity
      • orders connected with a previous credit card dispute
    3. Sales Tax. Cooper Holdings charges sales tax where required by law. If sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your shopping art and on your invoice.
    4. Shipping Charges. For physical goods, prices for items do not include charges for shipping and handling. Separate charges for shipping and handling will be itemized in your shopping cart and on your invoice.
    5. Item Shipping Delay / Backorders. All items are subject to stock availability. Items which are temporarily out of stock may incur shipping delays. We will endeavor to ship your item as soon as possible. If we determine we are unable to ship your order in a reasonable time (typically 30 days) we may elect to cancel your order.
    6. Price Changes. Cooper Holdings may change the price of any item at any time.
    7. Product Descriptions. Cooper Holdings attempts to be as accurate as possible. However, Cooper Holdings does not warrant that product descriptions or other content of the Cooper Service is accurate, complete, reliable, current, or error-free. If a product offered by Cooper Holdings is not as described, your sole remedy is to return it in unused condition.
    8. Fraudulent Activities. Cooper Holdings will prosecute to the fullest extent of the law any fraudulent activities related to any charge backs or reversals of a valid charge for an order filled and delivered to you.
    9. Returns / No Warranties. There are no product warranties of any kind. Virtual Products are not eligible to be returned or exchanged. For any other item besides Virtual Products, you may return the item unused, in its original condition and packaging, with the tags still attached within 30 days from the date of purchase. Once we have received and validated your item as qualifying for a return, we will allow you to exchange the item or provide you store credit which you may use for a new purchase at the Cooper Service. If you return an item not in its original condition or otherwise fail to exercise reasonable care when returning an item, we reserve the right to either (i) reject your return and decline any credit or (ii) to deduct from any credit reasonable repair or other similar costs.
    10. Resale of Merchandise Prohibited. To protect Cooper Holdings’ intellectual property rights, Cooper Holdings’ policies do not allow merchandise to be resold or reshipped. Any resale of our merchandise for personal or business profit is strictly prohibited. Furthermore, any orders shipping to ‘Freight Forwarding Companies’ will not be accepted.
  2. WEBSITE ACCESS
    1. Access. Cooper Holdings grants you a limited, revocable, nonexclusive license to access the Cooper Service for your own personal use.
    2. Account Creation. In order to access some features of the Cooper Service, you will have to create an account. You may never use an other’s account. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to the Cooper Service, you are required to update that information immediately.
    3. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Cooper Holdings immediately of any breach of security or unauthorized use of your account. Although Cooper Holdings will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cooper Holdings or others due to such unauthorized use.
    4. Automated Systems. You agree not to use or launch any automated system, including without limitation, “scrapers,” “robots,” “spiders,” and “offline readers” that access the Cooper Service. You agree not to collect or harvest any personally identifiable information, including account names, from the Cooper Service, nor to use the communication systems provided by the Cooper Service for any commercial solicitation or illegal or improper purposes.
    5. Search Engines. Notwithstanding the foregoing, Cooper Holdings rants the operators of recognized international public search engines, such as Google, Bing, and DuckDuckGo permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Cooper Holdings reserves the right to revoke these exceptions either generally or in specific cases.
    6. Termination of Account. You agree that Cooper Holdings, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Cooper Service (or any part thereof), immediately and without notice, and remove and discard any content within the Cooper Service, for any reason, including, without limitation, if Cooper Holdings believes that you have acted inconsistently with the letter or spirit of the Terms and Conditions. Further, you agree that Cooper Holdings shall not be liable to you or any third-party for any termination of your access to the Cooper Service. Further, you agree not to attempt to use the Cooper Service after said termination.
    7. Termination of Service. Cooper Holdings may modify, suspend, discontinue or restrict the use of any portion of the Cooper Service, including the availability of any portion of the content at any time, without notice or liability. The Cooper Service may deny access to any registered member or other user at any time for any reason, or no reason at all in our sole discretion. In addition, the Cooper Service or Cooper Holdings may at any time transfer rights and obligations under these Terms and Conditions to any Cooper Holdings affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Cooper Holdings, the Cooper Service or any of their respective assets. You agree that Cooper Holdings shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
    8. Third Party Links. The Cooper Service may contain links to third party websites that Cooper Holdings does not own or control. Cooper Holdings assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Cooper Holdings will not and cannot censor or edit the content of any third-party site. You expressly relieve Cooper Holdings from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Cooper Service and to read the Terms and Conditions and privacy policy of other websites that you visit.
    9. Consent to Electronic Service. When you use the Cooper Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Cooper Service. 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.
  3. THIRD-PARTY CONTENT / INTERACTIVE FEATURES
    1. The Cooper Service may permit the submission, hosting, sharing, and/or publishing of text, photographs, reviews, or other content by you, other users, and other third parties such as our partners or affiliates (“Third-Party Content”).
    2. Third-Party Content also includes, but is not limited to, reviews, photograph submissions, profile submissions, and any other interactive area of the Cooper Service.
    3. By posting, submitting or uploading Third-Party Content to any area of the Cooper Service, you automatically grant, and you represent and warrant that you have the right to grant, to Cooper Holdings an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to host, use, distribute, modify, run, copy, publicly perform, display, and translate said Third-Party Content and to prepare derivative works of, or incorporate into other works, said Third-Party Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third-Party Content to the Cooper Service, you automatically grant Cooper Holdings all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third-Party Content by any party for any purpose. You acknowledge that by participating in any interactive area on this website, you are granting Cooper Holdings the unrestricted right, throughout the world and in perpetuity, to copy, sub license, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to Cooper Holdings, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
    4. You acknowledge that the interactive features on the Cooper Service are not for private communications. You acknowledge that you have no expectation of privacy with regard to any content you submit to the Cooper Service. Cooper Holdings cannot guarantee the security of any information you disclose through the Cooper Service. You make such disclosures at your own risk. Cooper Holdings has no obligation to retain or provide you copies of Third-Party Content.
    5. By posting Third-Party Content to the Cooper Service or by using any other interactive area of the website, you specifically agree to comply with each of the following:
      • You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
      • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, or (ii) secured from your employer a waiver as to all rights in or to the material.
      •  You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to
        Cooper Holdings any required terms.
      • You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
      • You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
      • You will not post or transmit any material that deceptively impersonates any person or entity.
      • Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.
      • You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes.
      • You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other
        malicious or unrequested software, computer code, or file.
      • You will not post or transmit any content that is intended to promote or commit an illegal act.

      Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.

    6. When posting Third-Party Content, you agree never to use a third-party agent, service, or intermediary that offers to post Third-Party Content to the Cooper Service on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third-Party Content on behalf of others, to cause Third-Party Content to be so posted, or otherwise access the Cooper Service to facilitate posting Third-Party Content on behalf of others, except with express written permission from Cooper Holdings.
    7. You are and shall remain solely responsible for any and all Third-Party Content you make through the Cooper Service. You acknowledge that any information you disclose through the Cooper Service becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on the Cooper Service. Any such disclosures are at your own risk.
    8. You understand that when using the Cooper Service, you will be exposed to Third-Party Content from a variety of sources, and that Cooper Holdings is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cooper Holdings with respect thereto, and agree to indemnify and hold Cooper Holdings, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
    9. Third-Party Content may contain the views and opinions of individual content authors. Cooper Holdings does not endorse any Third-Party Content or any opinion, recommendation, or advice expressed therein, and Cooper Holdings expressly disclaims any and all liability in connection with Third-Party Content.
    10. Cooper Holdings does not prescreen Third-Party Content submitted and Cooper Holdings has no duty to monitor any interactive area of its website. Although we may monitor or review Third-Party Content from time to time, we do not actively monitor the Third-Party Content of the interactive areas and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third-Party Content, and we are not responsible in any way for the content or opinions expressed there in. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Cooper Holdings may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any Cooper Service forum.
  4. INTELLECTUAL PROPERTY INFORMATION
    1. Ownership. Other than Third-Party Content, all content on the Cooper Service, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Cooper Holdings. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. The Cooper Service is protected by copyright law as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
    2. Derivative Works / Redistribution Prohibited. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Cooper Holdings.
    3. Reproduction Prohibited. You further agree not to reproduce, duplicate or copy Content from the Cooper Service without the express written consent of Cooper Holdings, and agree to abide by any and all copyright and other legal notices displayed on the Cooper Service. You may not de compile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Cooper Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Cooper Service.
    4. Embedded Content / Frames. You may not embed the Cooper Service or place the Cooper Service within inline links, frames, or iframes.
  5. WARRANTY DISCLAIMER
    1. THE COOPER SERVICE, INCLUDING ANY CONTENT, THIRD-PARTY CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COOPER HOLDINGS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
    2. COOPER HOLDINGS MAKES NO WARRANTY THAT: (I) THE COOPER SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE COOPER SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COOPER SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE COOPER SERVICE WILL BE CORRECTED.
    3. COOPER HOLDINGS IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTION OF ANY USER, OR ANY OTHER THIRD PARTY AND COOPER HOLDINGS WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
    4. YOU ACKNOWLEDGE THAT COOPER HOLDINGS HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON THE COOPER SERVICE, THE TRUTH OR ACCURACY OF ANY THIRD-PARTY CONTENT.
    5. COOPER HOLDINGS, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE COOPER SERVICE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE COOPER SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE COOPER SERVICE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE COOPER SERVICE AND/OR THOSE SERVICES.
    6. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.
  6. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT COOPER HOLDINGS IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, COOPER HOLDINGS IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COOPER HOLDINGS, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COOPER HOLDINGS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
  7. UNSOLICITED MATERIAL AND IDEAS
    1. We are happy to hear from users and welcome feedback regarding the Cooper Service. However, if you transmit unsolicited submissions to us through the Cooper Service or otherwise, you grant Cooper Holdings a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Cooper Holdings sees fit.
    2. By using the Cooper Service and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Cooper Service, Cooper Holdings and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition,
      breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.
  8. INDEMNITY
    1. You agree to defend, indemnify and hold harmless Cooper Holdings, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
      • your use of and access to the Cooper Service;
      • your participation in any interactive area of the Cooper Service including reviews posted by you thereto.
      •  your violation of any term of these Terms and Conditions;
      • your violation of any third party right, including without limitation any copyright, property, or privacy right;
      • your violation of any law, rule or regulation of the United States, any state, or any other country;
      • any claim that Third-Party Content posted by you or using your account caused damage to another party.
      • any other party’s access and use of the Cooper Service with your account.
    2. This defense and indemnification obligation will survive these Terms and Conditions and any termination of your use of the Cooper Service.
  9. DIGITAL MILLENNIUM COPYRIGHT ACT
    1. Infringement Not Permitted. Cooper Holdings does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Cooper Holdings will remove any content if properly notified that such content infringes on anther’s intellectual property rights. Cooper Holdings reserves the right to remove any content without prior notice.
    2. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • 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;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      Cooper Holdings’ designated Copyright Agent to receive notifications of claimed infringement is:
      Cooper Holdings Inc
      Attn: Copyright Agent
      4454 Bertram Lane
      Las Vegas, NV 89147
      Email:


    4. Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:
      • Your physical or electronic signature;
      • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      •  A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
      •  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    5. Effect of Counter notice. If a counter-notice is received by the Copyright Agent, the Cooper Service may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Cooper Service’s sole discretion.
  10. GOVERNING LAW / DISPUTES
    1. You agree that the Cooper Service shall be deemed solely based in the State of Nevada.
    2. The Cooper Service shall be deemed a passive website that does not give rise to personal jurisdiction over Cooper Holdings, either specific or general, in jurisdictions other than Nevada.
    3. Governing Law / Jurisdiction. These Terms and Conditions will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect. These Terms and Conditions are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms and Conditions, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.
    4. Disputes. Any dispute, claim or controversy arising out of or relating to the Cooper Service, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Cooper Service (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). For any actions brought in court, You and Cooper Holdings consent to the sole and exclusive jurisdiction of the courts located in Clark County, Nevada, including for acts occurring outside of the United States
    5. Statute of Limitations. You agree to file any claim regarding any aspect of the Cooper Service or these Terms and Conditions within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
    6. Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND Cooper Holdings 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 OR REPRESENTATIVE PROCEEDING.
  11. ASSIGNMENT / MODIFICATION
    1. Assignment. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Cooper Holdings may assign these Terms and Conditions, and any rights and license granted hereunder without restriction.
    2. Modification. We reserve the right to amend these Terms and Conditions at any time. If we do this, we will post the amended Terms and Conditions on this page and indicate at the top of the page the date the Terms and Conditions were last revised. The most current version of these Terms and Conditions will supersede all previous versions. Your continued use of the Cooper Service after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to any of these terms or any future Terms and Conditions, do not use or access (or continue to access) the Cooper Service.
  12. ABILITY TO ACCEPT TERMS AND CONDITIONS
    You hereby declare, represent and warrant that you (either personally or through parental or guardian consent) are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms and Conditions. the Cooper Service is not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
  13. CONSENT
    By using the Cooper Service in any way you are agreeing to comply with these Terms and Conditions. In addition, when using a particular service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms and Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Cooper Service in any way, your only recourse is to immediately discontinue your use of the Cooper Service.
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