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Terms & Conditions

TERMS AND CONDITIONS

Terms of Use

 

By accessing and using this site, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you accept these Terms and Conditions in full, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth further below. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein.  If you disagree with any part of these Terms and Conditions, please do not use this website.

 

Changes

 

These Terms and Conditions are subject to change by KOALITY BOX at any time in its discretion. Your use of this site, including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly review these Terms and Conditions.

 

Access to this Site

 

You must be twenty-one (21) years or older to use this website, including to register for an account and purchase goods or services on our website. If you are under twenty-one(21) years of age, you are not permitted to access this website for any reason. By using this website (and agreeing to the Terms and Conditions) you warrant and represent that you are at least twenty-one (21) years of age. Due to the age restrictions for use of this website, no information obtained by this site falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.

 

To access this site or some of the products and resources it has to offer, you may be asked to provide certain personal information or other details for registration or order purposes. It is a condition of your use of this site that all the information you provide to KOALITY BOX be true, accurate, current and complete. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our website. Account information and certain other information about you are subject to the terms of our Privacy Policy.

You will receive a password and account designation after you have completed an account registration form and provided the required account information. You agree to maintain the security of your account on our website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

 

Use of this Site

 

You agree to use our website only for lawful purposes. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of a KOALITY BOX or other licensed employee, host, or representative, as well as of other members or visitors to this site, is prohibited. You may not upload to, post, distribute, or otherwise publish or transmit through this site any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, abusive, illegal, or which we otherwise deem objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any applicable local, state, national, or international law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

 

You may access and use this website for purposes expressly permitted by KOALITY BOX.  You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyperlinks, without the express prior written permission of an authorized representative of KOALITY BOX.  For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, tradename or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.

 

 

Copyright; Trademarks

 

The material and content of this site, including but not limited to text, logos, photos, graphics and code (collectively “Content”) are protected by copyright, trademark or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States and other copyright laws and is the property of or licensed by KOALITY BOX, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.

 

“KOALITY BOX”, and all other logos, page headers, custom graphics, and icons are trademarks, tradenames and/or service marks owned by KOALITY BOX, its subsidiary, KOALITY BOX, or an affiliate of the Company, unless otherwise indicated.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order or purchasing KOALITY BOX products. You may display and, subject to any expressly stated restrictions or limitations, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with or purchase products from KOALITY BOX. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site, is strictly prohibited, unless authorized in writing by KOALITY BOX.  You may not modify, remove, delete, augment, add to, publish, or participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to KOALITY BOX, or its licensor. You further agree not to change or delete any proprietary notices, warranties, or disclaimers from materials downloaded from the site.

If you violate any of these terms, your permission to use the Content automatically will terminate and you must immediately destroy any copies you have of any portion of the Content.

 

Submissions; Participation Disclaimer

 

KOALITY BOX does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this site, KOALITY BOX is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. However, KOALITY BOX reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to KOALITY BOX in its sole discretion.

 

Indemnity

 

You agree to indemnify, defend and hold harmless KOALITY BOX, its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, contractors, licensors, and service and content providers (hereinafter known as the “Indemnified Parties”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the site using your account.  You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

 

Limitation on Liability

 

In no event shall any indemnified parties be liable for any actual, consequential, incidental, direct, indirect, punitive, exemplary, special, or other damages, including without limitation loss of revenue or income, profits, value or use, pain and suffering, or similar damages, even if the company has been advised of the possibility of such damages. No person is authorized on behalf of KOALITY BOX to give any other representations, or to modify or extend the limited warranties provided on this website, or to assume any other liability in connection with this website or the products offered for sales by KOALITY BOX. In no event shall the collective or total liability of the indemnified parties to any party for any claim (regardless of the form of action, whether in contract, warranty, tort or otherwise, excluding willful misconduct or gross negligence) exceed the price paid for the product or service which gives rise to such claim.

 

KOALITY BOX shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.

 

Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will KOALITY BOX’s liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.

 

 

Warranty Disclaimer

 

This site and, except as provided in the following sentence, the materials, and products offered on this site are provided “as is” and without warranties of any kind, whether express or implied. KOALITY BOX warrants that all KOALITY BOX products purchased on this site, at the time of shipment, will not be adulterated, and will contain the items specified for the products as labeled.

KOALITY BOX makes no warranty with respect to products, services or this website that is not set forth in writing in these terms and conditions, and specifically disclaims and excludes, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, any and all other representations and warranties of any kind, express or implied, arising by operation of law or otherwise, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. The remedies provided in these terms and conditions are exclusive, and KOALITY BOX expressly and specifically disclaims, and customer irrevocably waives the right to seek, all other remedies.

KOALITY BOX does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. KOALITY BOX does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Some states restrict the use or extent of limitations or exclusions regarding warranties, so the foregoing limitations may not apply in full to you.

 

Notice

 

KOALITY BOX may deliver notice to you by means of a general notice posted on the site, or an e-mail to any address you have provided to KOALITY BOX, or by any other method reasonably believed by KOALITY BOX to be reliable.

 

Governing Law; Jurisdiction

 

These Terms and Conditions and your use of this site shall be governed in all respects by the laws of the state of California, United States of America, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods.  You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site or these Terms and Conditions (including but not limited to the purchase of KOALITY BOX products) shall be exclusively in the state and federal courts located in California, and you waive any right to object to the laying of venue in such courts and the right to claim inconvenient forum.  Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of KOALITY BOX products) must be commenced within one (1) year after the claim or cause of action accrues.  KOALITY BOX’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.

 

If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

Prices and Taxes

 

Prices listed on this website for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”).  Customers are solely responsible for all Taxes payable in connection with the purchase of products or services.