Terms and Conditions

Agreement between User and thatssocoolshaveice.com

Welcome to thatssocoolshaveice.com. The thatssocoolshaveice.com website (the "Site") is

comprised of various web pages operated by That’s So Cool Shave Ice, LLC. ("That’s So Cool

Shave Ice"). thatssocoolshaveice.com is offered to you conditioned on your acceptance without

modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of

thatssocoolshaveice.com constitutes your agreement to all such Terms. Please read these terms

carefully, and keep a copy of them for your reference.

thatssocoolshaveice.com is a Food service/Catering Site.

To provide flavored shave ice treats to birthday parties, functions, events and special occasions for

those who wish to hire a locally owned and operated family business that want to spread love and

happiness to all who welcome it.

Privacy

Your use of thatssocoolshaveice.com is subject to That’s So Cool Shave Ice's Privacy Policy.

Please review our Privacy Policy, which also governs the Site and informs users of our data

collection practices.

Electronic Communications

Visiting thatssocoolshaveice.com or sending emails to That’s So Cool Shave Ice constitutes

electronic communications. You consent to receive electronic communications and you agree that

all agreements, notices, disclosures and other communications that we provide to you

electronically, via email and on the Site, satisfy any legal requirement that such communications be

in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and

password and for restricting access to your computer, and you agree to accept responsibility for

all activities that occur under your account or password. You may not assign or otherwise transfer

your account to any other person or entity. You acknowledge that That’s So Cool Shave Ice is

not responsible for third party access to your account that results from theft or misappropriation of

your account. That’s So Cool Shave Ice and its associates reserve the right to refuse or cancel

service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

That’s So Cool Shave Ice does not knowingly collect, either online or offline, personal information

from persons under the age of thirteen. If you are under 18, you may use thatssocoolshaveice.com

only with permission of a parent or guardian.

Cancellation/Refund/Deposit Policy

Orders must be placed via email/phone. Due to increased demand we ask that you book an event at least 14 days prior to the scheduled. A deposit of 20% of the entire order must be made to ensure the reservation will be held. Any cancellations made after order confirmation will not qualify for a refund of deposits. To reschedule and event, a new order must be placed and a new deposit must be then made. That’s So Cool Shave Ice accepts cash, company checks, MasterCard, Visa, Discover, and American Express on all final payments. All orders must have a credit card number on file for reservation hold and deposit. No exceptions.

Please contact us at AlexandMaggie@thatssocoolshaveice.com

with any questions.

Links to Third Party Sites/Third Party Services

thatssocoolshaveice.com may contain links to other websites ("Linked Sites"). The Linked Sites

are not under the control of That’s So Cool Shave Ice and That’s So Cool Shave Ice is not

responsible for the contents of any Linked Site, including without limitation any link contained in a

Linked Site, or any changes or updates to a Linked Site. That’s So Cool Shave Ice is providing

these links to you only as a convenience, and the inclusion of any link does not imply endorsement

by That’s So Cool Shave Ice of the site or any association with its operators.

Certain services made available via thatssocoolshaveice.com are delivered by third party sites and

organizations. By using any product, service or functionality originating from the

thatssocoolshaveice.com domain, you hereby acknowledge and consent that That’s So Cool

Shave Ice may share such information and data with any third party with whom That’s So Cool

Shave Ice has a contractual relationship to provide the requested product, service or functionality

on behalf of thatssocoolshaveice.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

thatssocoolshaveice.com strictly in accordance with these terms of use. As a condition of your use

of the Site, you warrant to That’s So Cool Shave Ice that you will not use the Site for any purpose

that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could

damage, disable, overburden, or impair the Site or interfere with any other party's use and

enjoyment of the Site. You may not obtain or attempt to obtain any materials or information

through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of That’s So Cool Shave

Ice or its suppliers and protected by copyright and other laws that protect intellectual property and

proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,

legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

That’s So Cool Shave Ice content is not for resale. Your use of the Site does not entitle you to

make any unauthorized use of any protected content, and in particular you will not delete or alter

any proprietary rights or attribution notices in any content. You will use protected content solely

for your personal use, and will make no other use of the content without the express written

permission of That’s So Cool Shave Ice and the copyright owner. You agree that you do not

acquire any ownership rights in any protected content. We do not grant you any licenses, express

or implied, to the intellectual property of That’s So Cool Shave Ice or our licensors except as

expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your That’s So Cool Shave Ice account to third party accounts. By

connecting your That’s So Cool Shave Ice account to your third party account, you acknowledge

and agree that you are consenting to the continuous release of information about you to others (in

accordance with your privacy settings on those third party sites). If you do not want information

about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by That’s So Cool Shave Ice from our

offices within the USA. If you access the Service from a location outside the USA, you are

responsible for compliance with all local laws. You agree that you will not use the That’s So Cool

Shave Ice Content accessed through thatssocoolshaveice.com in any country or in any manner

prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless That’s So Cool Shave Ice, its officers,

directors, employees, agents and third parties, for any losses, costs, liabilities and expenses

(including reasonable attorney's fees) relating to or arising out of your use of or inability to use the

Site or services, any user postings made by you, your violation of any terms of this Agreement or

your violation of any rights of a third party, or your violation of any applicable laws, rules or

regulations. That’s So Cool Shave Ice reserves the right, at its own cost, to assume the exclusive

defense and control of any matter otherwise subject to indemnification by you, in which event you

will fully cooperate with That’s So Cool Shave Ice in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single

neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration

service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's

award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the

event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable

attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and

Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree

that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The

entire dispute, including the scope and enforceability of this arbitration provision shall be

determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms

and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class 

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and That’s So Cool Shave Ice agree otherwise, the arbitrator

may not consolidate more than one person's claims, and may not otherwise preside over any form

of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. THAT’S SO COOL SHAVE ICE LLC AND/OR ITS

SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY

TIME.

THAT’S SO COOL SHAVE ICE LLC AND/OR ITS SUPPLIERS MAKE NO

REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,

TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY

PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL

SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF

ANY KIND. THAT’S SO COOL SHAVE ICE LLC AND/OR ITS SUPPLIERS HEREBY

DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,

INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-

INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL THAT’S SO COOL SHAVE ICE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR

ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF

OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,

WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE

PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS

OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF

THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT

LIABILITY OR OTHERWISE, EVEN IF THAT’S SO COOL SHAVE ICE LLC OR ANY

OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,

THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED

WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,

YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

That’s So Cool Shave Ice reserves the right, in its sole discretion, to terminate your access to the

Site and the related services or any portion thereof at any time, without notice. To the maximum

extent permitted by law, this agreement is governed by the laws of the Commonwealth of

Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in

Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is

unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including,

without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and That’s So Cool Shave Ice as a result of this agreement or use of the Site. That’s So Cool

Shave Ice's performance of this agreement is subject to existing laws and legal process, and

nothing contained in this agreement is in derogation of That’s So Cool Shave Ice's right to comply

with governmental, court and law enforcement requests or requirements relating to your use of the

Site or information provided to or gathered by That’s So Cool Shave Ice with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable

law including, but not limited to, the warranty disclaimers and liability limitations set forth above,

then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable

provision that most closely matches the intent of the original provision and the remainder of the

agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and That’s So Cool Shave Ice with respect to the Site and it supersedes all prior or

contemporaneous communications and proposals, whether electronic, oral or written, between the

user and That’s So Cool Shave Ice with respect to the Site. A printed version of this agreement

and of any notice given in electronic form shall be admissible in judicial or administrative

proceedings based upon or relating to this agreement to the same extent and subject to the same

conditions as other business documents and records originally generated and maintained in printed

form. It is the express wish to the parties that this agreement and all related documents be written

in English.

Changes to Terms

That’s So Cool Shave Ice reserves the right, in its sole discretion, to change the Terms under

which thatssocoolshaveice.com is offered. The most current version of the Terms will supersede all

previous versions. That’s So Cool Shave Ice encourages you to periodically review the Terms to

stay informed of our updates.

Contact Us

That’s So Cool Shave Ice welcomes your questions or comments regarding the Terms:

That’s So Cool Shave Ice, LLC.

Brockton, Massachusetts 02301

Email Address:

AlexandMaggie@thatssocoolshaveice.com

Telephone number:

401-ICE-5070

401-423-5070

Effective as of March 01, 2023