Welcome to VFANS.NET. Koolfans, LLC. and/or its subsidiaries and/or affiliates (“VFANS”)
provide website features and other products and services to you when you visit or shop at
VFANS.us or use VFANS products or services (collectively referred to as the “Koolfans
Products”). Koolfans provides the VFANS.NET Products subject to the following conditions:
By using VFANS.NET Products, you agree to these conditions. Please read them carefully.
When you make a purchase from VFANS.NET you will also be subject to the terms and conditions
contained in the applicable Terms of Sale (“Terms of Sale”). If these Conditions of Use are
inconsistent with the Terms of Sale, those Terms of Sale will control.
Please review our Privacy Notice, which also governs your use of VFANS.NET Products, to
understand our practices.
When you use any VFANS.NET Product, 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. You agree to all agreements, notices, disclosures, and other
communications that we provide to you electronically to satisfy and legal requirement that such
communications be in writing.
All content included or made available through any VFANS.NET Product, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, and data compilations is the property
of VFANS.NET or its content suppliers and protected by the United States and International copyright
laws. The compilation of all content included or made available through any VFANS.NET Product is
the exclusive property of VFANS.NET and protected by United States any International copyright
Click here to see a non-exhaustive list of VFANS.NET trademarks. In addition, graphics, logos, page
headers, button icons, scripts, and service names included in or made available through any
VFANS.NET Product are trademarks or trade dress of VFANS.NET in the United States and other
countries. VFANS.NET’s trademarks and trade dress may not be used in connection with any product
or service that is not VFANS.NET’s, in any manner that is likely to cause confusion among
customers, or in any manner that disparages VFANS.NET. All other trademarks not owned by
VFANS.NET that appear in any VFANS.NET Product are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by VFANS.NET.
If you use any VFANS.NET Product, 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. VFANS.NET does not sell
products for children. You must be 18 years of age or older to use the Venitlex Products.
VFANS.NET reserves the right to refuse service, terminate accounts, remove or edit content, or cancel
orders in its sole discretion.
Risk of Loss
All items purchased from VFANS.NET are made pursuant to a shipment contract. This means that
the risk of loss and title for such items pass to you upon our delivery to the carrier. Please refer
to the Terms of Sale for more specific information on the Risk of Loss.
VFANS.NET attempts to be as accurate as possible. However, VFANS.NET does not warrant that product
descriptions or other content of any VFANS.NET Product is accurate, complete, reliable, current, or
error-free. If a product offered by VFANS.NET itself is not as described, your sole remedy is to
return it in unused condition pursuant to the return policy contained in the Terms of Sale.
Prices and availability of products and services are subject to change without notice. Despite our
best efforts, a small number of the items in our catalog may be mispriced. We cannot confirm
the price of an item until you order. Errors will be corrected where discovered, and VFANS.NET
reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions,
including after an order has been submitted and whether or not the order has been confirmed and
your credit card charged. If the correct price of an item sold by VFANS.NET is higher than our stated
price, we will, at our discretion, either contact you for instructions before shipping or cancel your
order, and notify you of such cancellation. If your credit card has already been charged for the
purchase and your order is cancelled, VFANS.NET will issue a credit to your credit card account in
the amount of the charge. Individual bank policies will dictate when this amount is credited to
Validating Your Order
After you place your order, we will check the information you gave us for validity, by verifying
your method of payment or shipping address. We reserve the right to reject any order you place
with us, and/or to limit quantities on any order without giving any reason. If we reject your
order, we will attempt to notify you using the e-mail address you have given us with your order.
Your credit card will not normally be charged if we reject an order, but we will process a refund
if the charge has been made against your card.
VFANS.NET Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any
updates or upgrades to the software and any related documentation) that we make available to
you from time to time for your use in connection with VFANS.NET Products (the “VFANS.NET
Disclaimer of Warranties and Limitation of Liability
THE VFANS.NET PRODUCTS AND ALL INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VFANS.NET PRODUCTS
ARE PROVIDED BY VFANS.NET ON AN “AS-IS” AND “AS-AVAILABLE” BASIS,
UNLESS OTHERWISE SPECIFIED IN WRITING. VFANS.NET MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THE VFANS.NET PRODUCTS, OR INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER PRODUCTS
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH VFANS.NET
PRODUCTS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE VFANS.NET PRODUCTS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VFANS.NET DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. VFANS.NET DOES NOT WARRANT THAT THE VFANS.NET PRODUCTS,
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE VFANS.NET PRODUCTS, VFANS.NET SERVERS, OR ELECTRONIC
COMMUNICATIONS SENT FROM VFANS.NET ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. VFANS.NET WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF ANY VFANS.NET SERVICE, OR FROM ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR
OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH ANY VFANS.NET PRODUCT, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS
OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim (“Dispute”) relating in any way to your use of any VFANS.NET Products,
or to any products or services sold or distributed by VFANS.NET or VFANS.NET.com will be
resolved by binding arbitration rather than in court, except that you may assert claims in
small claims court if your claims qualify. There is no judge or jury in an arbitration, and
court review of an arbitration award is limited. However, an arbitrator can award on an
individual basis the same damages and relief as a court (including injunctive and
declaratory relief or statutory damages), and must follow the terms of these Conditions of
Use as a court would.
ANY DISPUTE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION
(“AAA”). Arbitration proceedings shall be governed by this provision and the then current rules
and procedures for the arbitration of consumer-related disputes of the AAA or any successor
thereof. In the event of any inconsistency, the terms of this Dispute Resolution and Binding
Arbitration provision shall control. All claims shall be determined by one (1) arbitrator. Any
dispute brought to arbitration hereunder shall have the final hearing heard in Broward County,
Florida, unless otherwise agreed by the parties in writing. All arbitration hearings shall
commence within ninety (90) days of the demand for arbitration and close within ninety (90)
days of commencement and the award of the arbitrator shall be issued within thirty (30) days of
the close of the hearing. However, the arbitrator, upon a showing of good cause, may extend the
commencement of the hearing for up to an additional sixty (60) days. The arbitrator shall
provide a concise written statement of reasons for the award. The arbitration award may be
submitted to any court having jurisdiction to be confirmed and have the judgment entered and
You agree to an arbitration on an individual basis, in any dispute. NEITHER YOU NOR
VFANS.NET SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR
AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A CLASS
REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY (“Class Action Waiver”). Regardless of anything else in this Dispute Resolution
and Binding Arbitration provision, the validity and effect of the Class Action Waiver shall be
determined only by a court and not by an arbitrator. The Parties to this Agreement acknowledge
that the Class Action Waiver is material and essential to the arbitration of Disputes between the
Parties and is nonseverable from the agreement to arbitrate claims. If the Class Action Waiver is
limited, voided, or found unenforceable, then the Parties’ agreement to arbitrate shall be null and
void with respect to such proceeding, subject to the right to appeal the limitation of invalidation
of the Class Action Waiver. If any provision of this arbitration agreement is found
unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms
shall be enforced, but in no case shall there be a class action arbitration.
The arbitrator shall be empowered to grant whatever relief would be available in court
under law or equity. This transaction shall be governed by the Florida Arbitration Code; Florida
Statutes Chapter 682, et. seq. as same may be amended from time to time (the “Act”). Any
award of the arbitrator(s) selected shall be final and binding on each of the parties, and may be
entered as a judgment in any court of competent jurisdiction.
The parties to the arbitration shall be entitled only to limited discovery, consisting of the
exchange between such parties of only the following matters: (i) witness lists; (ii) expert witness
reports; (iii) expert witness designations; (iv) exhibits; (v) reports of testing or inspections of he
Product(s) subject to the dispute, and (vi) trial briefs. The arbitrator shall oversee discovery and
shall enforce all discovery orders in the same manner as any trial court judge and in accordance
with section 682.08 of the Act.
The arbitrator(s) will give effect to statutes of limitation in determining any Dispute and
may dismiss the arbitration on the basis that the Dispute is barred. For purposes of the
application of any statutes of limitation, the service on AAA under applicable AAA rules of a
notice of claim is the equivalent of the filing of a lawsuit. Any dispute concerning this
arbitration provision or whether a Dispute is arbitrable shall be determined by the arbitrator. The
arbitrator shall have the power to award legal fees pursuant to the terms of this Agreement.
The filing of a court action is not intended to constitute a waiver of the right of any party,
including the suing party, thereafter to require submittal of the Dispute to Arbitration.
By agreeing to binding arbitration, the Parties irrevocably and voluntarily waive any right
they may have to a trial by jury in respect of any Dispute. Furthermore, without intending in any
way to limit this agreement to arbitrate, to the extent any Dispute is not arbitrated, the Parties
irrevocably and voluntarily waive any right they may have to a trial by jury in respect of such
Dispute. This waiver of jury trial shall remain in effect even if the Class Action Waiver is
limited, voided, or found unenforceable. WHETHER THE CLAIM IS DECIDED BY AN
ARBITRATION OR BY A TRIAL JUDGE, THE PARTIES AGREE AND UNDERSTAND
THAT THE EFFECT OF THIS AGREEMENT IS THAT THEY ARE GIVING UP THE
RIGHT TO TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW.
By using any VFANS.NET Product you agree that the Florida Arbitration Code and the laws of the
State of Florida, without regard to principles of conflicts of laws, will govern these Conditions of
Use and any dispute of any sort that might arise between you and VFANS.NET.
Site Policies, Modification, and Severability
Please review our other policies, such as our Terms of Sale posted on this site. These policies
also govern your use of VFANS.NET Products. We reserve the right to make changes to our site,
any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity and enforceability of any
Additional VFANS.NET Software Terms
1. Use of VFANS.NET Software. You may use VFANS.NET Software solely for the purpose of
enabling you to use and enjoy the VFANS.NET Products as provided by VFANS.NET, and as
permitted by the Conditions of Use, these Software Terms, the Terms of Sale, and any
other of our policies. You may not incorporate any portion of the VFANS.NET Software into
your own programs or compile any portion of it in combination with your own programs,
transfer it for use with another service, or sell, rent, lease, lend, loan, distribute, or sublicense
the VFANS.NET Software or otherwise assign any rights to the VFANS.NET Software in
whole or in part. You may not use the VFANS.NET Software for any illegal purpose. We
may cease providing any VFANS.NET Software and we may terminate your right to use any
VFANS.NET Software at any time. Your rights to use the VFANS.NET Software will
automatically terminate without notice from us if you fail to comply with any of these
Additional third party terms contained within or distributed with certain VFANS.NET
Software that are specifically identified in related documentation may apply to that
VFANS.NET Software (or software incorporated with the VFANS.NET Software) and will govern
the terms of such software in the event of a conflict with these Conditions of Use. All
software used in any VFANS.NET Product is the property of VFANS.NET or its software suppliers
and protected by United States and International copyright laws.
2. Use of Third Party Services. When you use the VFANS.NET Software, you may also be
using the services of one or more third parties, such as a wireless carrier or a mobile
platform provider. Your use of these third party services may be subject to the separate
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize
any other person to copy, modify, reverse engineer, decompile or disassemble, or
otherwise tamper with, the VFANS.NET Software, whether in whole or in part, or create any
derivative works from or of the VFANS.NET Software.
4. Updates. In order to keep the VFANS.NET Software up-to-date, we may offer automatic or
manual updates ay any time and without notice to you.