Terms of Use

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on 17 August 2008.

This Terms of Use Agreement sets forth the standards of use of the thisiscool.com website. By using thisiscool.com you (the "User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at thisiscool.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

This Agreement must be understood and agreed to by a person over 18. Persons under the age of 18 are not permitted to make purchases on this website and may browse this site only with the express permission of a qualified parent or guardian.

Description of Service

thisiscool.com is a vehicle for Mohan Embar, Inc. to:

  • familiarize the public with Mohan Embar's skills and programs
  • sell hours of Mohan Embar's consulting time
  • sell works that Mohan Embar has created

To purchase anything, a user must create an account, providing contact details such as name, address, phone number and email address. The manner in which this information is used and safeguarded is outlined in our Privacy Policy.

The content of this website has been deemed by the author as suitable for ages 13 and above.

Service Terms, Conditions, Disclaimers

Purchases

All sales are final. No refunds or exchanges can be made for any reason. Purchased hours of consulting time are exempted from the aforementioned restrictions only in the following manner: the user may request the refund of unfulfilled hours if these hours are outstanding on the day after the requested project completion date or six months from the date of the initial purchase, whichever comes first.

User agrees that when making a purchase, User is authorized to employ the payment method chosen to make the purchase. For credit card payments, this means that User is the actual cardholder of the credit card used to make the payment. For Paypal® payments, this means that User is the actual Paypal accountholder. Any other payment scenario violates this agreement and is not permitted.

Disclaimer of Warranties

The site and all of the goods and services sold on this site are provided by Mohan Embar, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Mohan Embar, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website and the goods and services sold hereon in terms of their correctness, accuracy, reliability, or otherwise. Mohan Embar, Inc. shall have no liability for any interruptions in the use of this Website nor the use of the goods and services sold hereon. Mohan Embar, Inc. disclaims all warranties with regard to the information, goods and services provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Hours of consulting time are sold on a time basis only, as indicated above. No warranty of any kind is made with respect to the results and outcome of the hours which Mohan Embar works on behalf of the client.

Limitation of Liability

MOHAN EMBAR, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MOHAN EMBAR, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, THE INFORMATION CONTAINED IN IT, AND THE GOODS AND SERVICES SOLD VIA THIS WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MOHAN EMBAR, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

User agrees to indemnify and hold Mohan Embar, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, User's use of any of the goods and services sold via this website, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

Mohan Embar, Inc. reserves the right to modify or discontinue the Service with or without notice to the User. Mohan Embar, Inc. shall not be liable to User or any third party should Mohan Embar, Inc. exercise its right to modify or discontinue the Service. User acknowledges and accepts that Mohan Embar, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.

Governing Jurisdiction of the Courts of Wisconsin

Our website is operated and provided in the State of Wisconsin. As such, we are subject to the laws of the State Wisconsin, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Wisconsin.

Compliance with Law

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 thisiscool.com, with all rights reserved, or is the property of Mohan Embar, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Mohan Embar, Inc. is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Mohan Embar, Inc..

Mohan Embar, Inc.™ and This Is Cool™ are proprietary marks of Mohan Embar, Inc. The phrase "Fast, Expert Software Consulting and Programming Help" is a service mark of Mohan Embar, Inc. Mohan Embar, Inc.'s trademarks and service marks may not be used in connection with any product or service that is not provided by Mohan Embar, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mohan Embar, Inc..

All other trademarks displayed on Mohan Embar, Inc.'s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Mohan Embar, Inc..

Unsolicited Subsmissions

To avoid copyright and intellectual property conflicts, thisiscool.com does not solicit or seek to use external submissions or ideas. It is our policy to perform all creative work ourselves and we ask that you refrain from sending any submissions, materials or ideas to us. We are under no obligation to use, consider, or respect the confidentiality of any submissions or material received by us and you agree that by sending such items to us, they become our intellectual property to the extent applicable by law.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Mohan Embar, Inc..com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Mohan Embar, who can be contacted via this website's contact page at http://www.thisiscool.com/contact.htm.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Mohan Embar, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

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