OVERVIEW
This website is operated by The Cold Plunge Guys. Throughout the site, the terms “we”, “us” and “our” refer to The Cold Plunge Guys. The Cold Plunge Guys offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Cold Plunge Guys, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Cold Plunge Guys and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

Section 19 - LIABILITY 

Introduction:
Welcome to coldplungeguys.com (the "Site"), owned and operated by New England Cold Plunge LLC, doing business as Cold Plunge Guys (the "Company"). We kindly request that all users of the Site and its associated software (the "Software") adhere to the following Terms and Conditions, including our Privacy Policy. We encourage you to carefully read and understand these Terms and Conditions, as they govern your use of the Site and any personal information you provide to us. By accessing the Site and/or using the Software, you acknowledge and accept these Terms and Conditions. It is essential that you comply with all applicable international, federal, state, and local laws and regulations when using the Site and/or the Software. Please note that the Company reserves the right to modify or update these Terms and Conditions, including the Privacy Policy, at any time. Your continued use of the Site after any changes have been posted signifies your acceptance of the modified Terms and Conditions. Should you violate these Terms and Conditions, the Company retains the right to pursue all available legal and equitable remedies. These Terms and Conditions apply to all visits to the Site, utilization of the Software, as well as the trademarks, copyrights, and other proprietary materials, information, and recommendations provided on or through the Site.

If you are not of legal age, you certify that you have obtained the necessary consent from your parent or legal guardian to use this site.You are strictly prohibited from using our products for any illegal or unauthorized purposes. Furthermore, you agree to comply with all applicable laws and regulations in your jurisdiction, including but not limited to copyright laws, when using our services.You must not engage in any activity that may transmit worms, viruses, or any other code with a destructive nature. Any breach or violation of these Terms will result in an immediate termination of the services provided to you.

General:
The material presented on this site is intended for general information purposes only. While we strive to ensure the accuracy, completeness, and timeliness of the information provided, we cannot guarantee that all information on this site is accurate, complete, or current. Therefore, it should not be solely relied upon for making decisions without consulting more authoritative, accurate, complete, or timely sources of information. Any reliance you place on the material on this site is done so at your own risk.

Please note that certain information on this site may be historical in nature and may not be up-to-date. Such historical information is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on our site. It is your responsibility to monitor and stay informed of any changes made to our site.

Pricing:

The prices of our products are subject to change without prior notice. We reserve the right, at our sole discretion, to modify or discontinue the Service, or any part or content thereof, without prior notice at any time. We shall not be held liable to you or any third-party for any modifications, price changes, suspensions, or discontinuance of the Service.

 

Billing:

We value the accuracy of billing and account information provided by our customers. Therefore, we reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household, or per order. These limitations may apply to orders made under the same customer account, using the same credit card, or utilizing the same billing and/or shipping address. In the event that we make changes to or cancel an order, we will make reasonable efforts to notify you by contacting the email address or billing address/phone number provided during the order placement. We reserve the right to restrict or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

By making a purchase on our store, you agree to provide current, complete, and accurate purchase and account information. It is your responsibility to promptly update your account and other relevant information, including your email address, credit card numbers, and expiration dates, to ensure the completion of transactions and effective communication as necessary.

For more detailed information, we kindly request you to review our Returns Policy, which outlines the terms and conditions for product returns and exchanges.

Third Party:

We understand that our customers may rely on certain third-party tools and services, and we aim to provide access to these tools to enhance your experience. However, it is important to note that we do not monitor or control these third-party tools, and we do not have any input or influence over their functionality.

You acknowledge and agree that the third-party tools provided through our site are offered "as is" and "as available," without any warranties, representations, or conditions of any kind, and without our endorsement. We shall not be held liable for any issues or damages arising from or related to your use of these optional third-party tools.

Please be aware that your use of any optional tools offered through our site is entirely at your own risk and discretion. It is your responsibility to review and approve the terms and conditions provided by the relevant third-party provider(s) before using these tools.

Additionally, we may introduce new services, features, tools, or resources through our website in the future. Any such additions will be subject to these Terms of Service, ensuring consistency and adherence to our terms and conditions.

 

Limitation of Liability:

We cannot guarantee that your use of our service will be uninterrupted, timely, secure, or free from errors. We also do not warrant that the results obtained from using the service will be accurate or reliable.

Please note that we reserve the right to remove or cancel the service, either temporarily or indefinitely, without providing prior notice to you.

You expressly agree that your use of the service is at your own risk. The service, including all products and services delivered through it, is provided "as is" and "as available," unless otherwise stated by us. We make no representations, warranties, or conditions of any kind, whether express or implied, including but not limited to merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 20 - RELEASE OF LIABILITY AND ASSUMPTION OF RISK

ASSUMPTION OF RISK ACKNOWLEDGEMENT

As a condition of your use of the New England Cold Plunge, LLC (dba Cold Plunge Guys) (the “Company”) website (the “Website”) and
purchase of the Company cold plunges and products (the “Products”) you agree as follows under this Assumption of Risk
Acknowledgement (the “Acknowledgement”):

1. Assumption of Risk. I know and understand the scope, nature, and extent of the risks involved in the use of the Products, including of sudden or prolonged exposure to cold water (the “Activities”). I understand these risks include, but are not limited to personal injury, damage to property, and/or death. I voluntarily, freely and expressly choose to incur all risks associated with the Activities, understanding that those risks may include personal injury, damage to property, and/or death.
2. Representations and Warranties. I represent and warrant that I am of sound body and mind, and in a physical and mental condition capable of handling the conditions that I will encounter during the Activities, that I have read and understood all safety instructions, and that I will comply with all stated and customary terms and included instructions with respect to the Activities and the Products. I further represent and warrant that to the extent I suffer from any physical or mental infirmity, chronic ailment, or injury of any nature, that I have consulted with a medical professional and received clearance to participate in the Activities, and that I recognize and assume the risk of engaging in the Activities in light of my condition.
3. Governing Law; Arbitration. I agree that this Acknowledgement will be construed and enforced under the laws of the
Commonwealth of Massachusetts without regard to its conflict of laws provisions, as now in effect and as amended in the future. I agree that all disputes arising out of my participation in the Activities must be submitted to binding arbitration in the
Commonwealth of Massachusetts before an arbitrator appointed by JAMS in a proceeding pursuant to that organization’s rules and in accord with its code of ethics. The judgment of the arbitrator will be final and not subject to appeal or review by any judicial or administrative process, and may not be vacated. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. I agree that I may bring claims against the other Parties only in my individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and that the arbitrator may not consolidate proceedings of more than one person or entity’s claims. In the event of arbitration, the arbitrator will apportion liability for the cost of the arbitrator, other costs, and a reasonable attorney’s fee, in accord with the JAMS rules, this Liability Waiver and Photo Release, and applicable law. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee, for having to compel arbitration or defend or enforce the arbitrator’s award.
4. Severability. I agree that the provisions of this Acknowledgement are severable and in the event any provision is determined to be invalid or unenforceable, the remaining provisions will remain in effect.
5. Survival. I agree and acknowledge that the terms and conditions of this Acknowledgement will continue in full force and effect now and in the future at all times during which I participate, either directly or indirectly, in the Activities, and will be binding upon my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf.
6. Acceptance. Utilizing the Website, purchasing the Products, or engaging in the Activities pursuant to this Acknowledgement or completing the click‐through process required to accept this Acknowledgement will constitute your acceptance to the terms hereof.

SECTION 21 - WARRANTY

Our warranty covers all parts and service for a period of 1 year from the date of installation. During this time, if any issues arise with the parts or service we provided, we will take care of it at no additional cost to you.

After the initial 1-year warranty period, we are still available to service your plunge by appointment. However, please note that our service rates may apply at that point. The specific rates and availability for ongoing service are subject to change, so it's advisable to contact us directly to get the most up-to-date information.

We are committed to providing continued support for your plunge, and we'll do our best to accommodate your service needs even after the warranty period expires. Please reach out to us to schedule an appointment and discuss the details of any service requirements you may have.

SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at service@coldplungeguys.com.
Our contact information is posted below:
New England Cold Plunge LLC DBA: Cold Plunge Guys
service@coldplungeguys.com
978-689-5153