1.WELCOME!
Welcome to Kookailab’s website! and all affiliated domains, applications or services that link to these Terms of Use through the related mobile application, or device and wherever these Terms of Use are posted (collectively, the “Site”). The following terms, together with any rules, program terms, guidelines, policies and instructions, govern your use of the Site (the “Agreement”).
Please take a few minutes to read this Agreement carefully. By using the Site, you agree to be bound by this Agreement. This Agreement applies to all users of the Site, including users who view materials on the Site, purchase products, and/or register for an account or program.
Please note that the arbitration provision requires (except where and to the extent prohibited by law) that you arbitrate on an individual basis any claim you may have against us. Arbitration on an individual basis means that you will not have, and you waive your right to have, a judge or jury decide your claims, if any, and you may not proceed with the arbitration in a class, consolidated, or representative capacity.
2.WHO WE ARE
We are Kookailab, and if you have any questions about this Agreement, our Privacy Policy, or the Site (including returns/exchanges/refunds/cancellations), you may contact us by email at [email protected] provided below or on the Customer Service page of the Site Contact us at the customer service number listed.
3.QUALIFICATIONS
You must be 13 years or older to use or register for the Site. If you are under the age of majority in your state or country of residence, your parent or legal guardian must agree to this Agreement on your behalf, and you may access and use the Sites only with their permission.
4.PRIVACY
Please review our Privacy Policy to learn about our privacy practices and how we protect and use your information. This Agreement contains the terms and conditions of our Privacy Policy.
5.DISPUTES AND ARBITRATION AGREEMENT
Except where and to the extent prohibited by law, when using the Website, you and we agree that in the event of any dispute, claim, action or controversy arising out of or relating to your use of the Website, the Website, or any breach of this Agreement or any part thereof, enforcement, interpretation or validity (“Dispute”), the parties shall first make a good faith attempt to resolve such Dispute and the circumstances of the Dispute by providing the other party with written notice stating the facts and giving the receiving party 30 days to respond or resolve dispute.
To Your Address: Your last billing address or the billing and/or shipping address you provided to us.
You and we agree that this dispute resolution procedure is a condition that must be met before the initiation of any other action or claim against the other party. If any dispute (including any dispute between you and Kookailab’s third-party agent) cannot be resolved through the dispute resolution procedures set forth above, you agree that the sole and exclusive jurisdiction for such dispute will be decided by binding arbitration on an individual basis. Arbitration on an individual basis means that you will not have, and you waive your right to have a judge or jury decide your claims, and you may not proceed with the arbitration in a class, consolidated, or representative capacity. Other rights you and we would have in court will be unavailable or more limited in arbitration, including rights of discovery and appeals.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including any dispute arising out of Any claim arising out of all or any part of these Terms is invalid or voidable.
6.INTELLECTUAL PROPERTY RIGHTS
Trademarks: Kookailab, and other trademarks, service marks, logos, trade names, trade dress, titles and product names appearing on our Site are trademarks or registered trademarks of Kookailab in the United States and/or other countries. All rights in such names are hereby reserved. The use or misuse of these Trademarks or any Materials except as permitted herein is expressly prohibited, and nothing express or implied on the Site confers on you any license or right under any patent or trademark owned or controlled by us or any third party.
Copyright: All information, text, images, photographs, graphics, videos, music, user interfaces and other content and materials contained on the Site are the copyrighted property of us or our third-party licensors to the fullest extent provided by United States copyright laws. . Act and all international copyright laws. Subject to applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting for any purpose any content of the Site. Nothing express or implied on the Site confers on you any license or right under any copyright of ours or of any third party. The Website and the information contained on the Website are intended for your personal, non-commercial use only. Except as otherwise expressly permitted in this Agreement, you may not broadcast, copy, reproduce, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit or disseminate to anyone without express written consent. Website content, or use of the Website content in litigation, or for any commercial or promotional purposes Kookailab or its legal successors and assigns. For permission to use, please contact us via email: [email protected]
7.COPYRIGHT INFRINGEMENT NOTICE
We respect and respect the intellectual property rights of others. If you believe that your work has been copied and made available on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(1) A description of the copyrighted work claimed to have been infringed;
(2) Identification of the allegedly infringing material on the Site, including the URL providing the material or a copy thereof;
(3) the name, address, daytime phone number, and email address of the person submitting the notification so that we can contact you;
(4) A statement that you have a “good faith belief” that use of the work is not authorized by the copyright owner, its agent, or the law;
(5) a statement, made under penalty of perjury, that all information in the notification is accurate and that the signatory is the copyright owner or authorized to act on the copyright owner’s behalf;
(6) and an electronic or physical signature of the copyright owner or the person authorized to act on the owner’s behalf.
Our Copyright Agent for notification of claims of copyright infringement on the Site is Kookailab’s Legal Compliance Counsel and can be reached by email at [email protected]
8.REGISTER AN ACCOUNT
You do not need to register to view the website. However, you must qualify and register an account to access certain services or areas of the Site, such as becoming a member of Kookailab. To register, you must create a user account, which requires you to provide your email address, mailing address (including postal code), mobile phone number, date of birth, and select a password. You must provide accurate, complete and current registration information. You are solely responsible for all activities that occur under your account, password, or profile, and you must keep your account password secure. You are solely responsible for your failure to protect information and/or allow any other person to use the Site through your profile and/or account. You may not sell or transfer your profile or account. You must immediately notify Kookailab of any breach of security or unauthorized use of your account. We are not responsible for any losses resulting from unauthorized use of your account.
Kookailab reserves the right to refuse registration or to terminate, suspend or remove access to a user’s account at any time in its sole discretion. Such suspension or cancellation of your account will mean that you may be unable to access the website, your account details and any comments or content thereon. You may also terminate or terminate your own account at any time by sending an email request to [email protected].
9.RETURNS, REFUNDS, SHIPPING AND ORDER CANCELLATIONS
Please see the applicable relevant policy pages to learn about: Online and Telephone Purchase Policies, Our Shipping Methods, and Our Cancellation Policy. Or contact Customer Service at the phone number listed on the appropriate page.
10.COMMENTS AND OTHER OPINIONS
We welcome your comments and feedback about the Site and our products. In certain places, the Site allows you to upload, store and send content, such as sweepstakes and contest entries, photos, images, product reviews, recommendations, suggestions, ideas, comments or other communications (collectively, “Comments”). When you send us comments, whether via the website, social media, email, phone, post or otherwise, you grant Kookailab permission to copy and use your comments as follows: You provide us and our cooperation Partner grants unrestricted license to use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, reproduce, host, store, publicly perform and publicly display the Comments in any medium now known or hereafter developed . You should not submit any Comments to us that you do not wish to license to us. Our license to your Comments is non-exclusive, which means that you may use your Comments for your own purposes and may allow others to use your Comments for their own purposes. This license is fully paid and royalty-free, which means we do not owe you any additional fees for using your Comments. We may exercise our rights under this License anywhere in the world. Finally, the license is perpetual, which means that our rights under the license remain in effect even if you stop using the Site. Kookailab is under no obligation to: (1) keep comments confidential; (2) pay compensation for comments; (3) respond to comments; or (4) use comments. You grant Kookailab the right to use the name that you submit with your comment. Our license to your Comments is non-exclusive, which means that you may use your Comments for your own purposes and may allow others to use your Comments for their own purposes. This license is fully paid and royalty-free, which means we do not owe you any additional fees for using your Comments. We may exercise our rights under this License anywhere in the world.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy 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 Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You agree to clearly and conspicuously disclose whether you received any form of compensation or other reward from any source in exchange for posting a review. You are solely responsible for any comments you make and their accuracy.
11. LICENSE AND SITE ACCESS
We grant you a personal, limited, revocable license to access and make personal use of the Site but not to download (other than page caching) or modify any portion of the Site. This license does not include any resale or commercial use of the Site or its contents; collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its Content; downloading or copying of account information for the benefit of another merchant ;or the use of any data mining, robots, spiders or similar data gathering and extraction tools.
Unless you obtain our express prior written consent, you may not: (1) reproduce, sell or otherwise exploit for commercial purposes any portion of the Site, (2) frame or use framing techniques to enclose any trademark, logo, or other proprietary information of Licensor or Licensee (including images, text, page layout, or form), (3) use meta tags or any other hidden text utilizing our brand name or trademarks. Any unauthorized use immediately terminates the license granted by us.
You are granted a limited, revocable right to create a hyperlink to the home page of the Site so long as the link does not portray Kookailab or its brands, products or services in a false, misleading, derogatory or otherwise offensive matter, as determined by us in our sole discretion. You may not use any of our logos or other proprietary graphics or trademarks as part of a link without our express written permission. You may not “deep link” or otherwise link to a site other than the home page of the site without our prior written permission. Any other portion is provided as part of other services. Any permitted link to the Site must comply with all applicable laws, rules and regulations.
12.THIRD-PARTY WEBSITES AND HYPERLINKS
The Website may contain hyperlinks (“Links”) to other websites that are not under the control of Kookailab or to co-branded websites operated by third parties. We provide such links to you only for your reference and convenience. Kookailab is not responsible for these third-party websites, nor does a link imply endorsement by Kookailab of that website. If you use these links, you will leave our site and your activities will be subject to additional terms and conditions and privacy practices. We strongly encourage you to make any investigation you feel necessary before dealing with any third party.
13.YOUR RESPONSIBILITIES
You are responsible for your use of the Site and any use made using your account. By using the Site, you agree not to violate or attempt to violate the security of the Site, including:
• Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
• Send unsolicited or unauthorized emails, texts or other solicitations;
• Interfere with, limit, damage or disrupt the Site, Site-related services, or otherwise interfere with the technical operation of the Site or services;
• Violate, infringe or misappropriate the intellectual property, privacy, publicity or other legal rights of others;
• Share or publish comments or information that, in our sole discretion, are false, misleading, defamatory, abusive, harassing, vulgar, obscene, defamatory, hateful, or racially, ethnically or otherwise objectionable;
• Crawl or harvest or otherwise automatically collect any information or data from the Site;
• Attempt to scrap or scrape any page on the Site;
• Copy, decipher, disassemble, create derivative works of, reverse engineer, decompile or otherwise attempt to extract any software or other underlying code used to provide the Site;
• Violate any law, regulation or order; or
• Promote, encourage or assist anyone to engage in any of the above conduct.
14.TERMINATION OR RESTRICTION
We reserve the right to terminate or restrict your access to the Site, refuse service, or cancel orders at our sole discretion.
15.RISK OF LOSS
All products purchased from the Site are shipped and delivered to you by independent carriers that are not affiliated with or controlled by Kookailab. Title to products purchased on the Site and risk of loss for such products shall pass to you when we deliver such items to the carrier.
16.PRODUCT INFORMATION
We attempt to accurately describe our products and services on the Site. We do not warrant that product and service descriptions or other content on the Site are complete, reliable, current, or error-free.
We have made every effort to display and describe as accurately as possible the colors of our products that appear on the Site. However, because the actual colors you see depend on your computer monitor and other factors beyond our control, we cannot guarantee that your computer’s display of any color on the Site will be accurate.
Most of the products displayed on our website are available for purchase on the website while supplies last. In some cases, items displayed for sale on the Website may not be available for purchase on the Website and may be out of stock at any time. Unless otherwise stated, prices displayed on the Website are quoted in U.S. dollars.
17. Disclaimer and Limitation of Liability
The Sites are provided by Kookailab on an “as is” and “as available” basis. To the fullest extent permitted by law, Kookailab makes no representations, conditions and warranties of any kind, express or implied, as to the operation of the Website or the information, content, third-party content, materials, products, services or linked services on or through the Website THE INFORMATION PROVIDED (INCLUDING, BUT NOT LIMITED TO), THE INFORMATION MADE AVAILABLE THROUGH THE SITE IS FREE FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS OR DELAYS IN OPERATION OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THE SERVICES THE DEFECTS OR ERRORS WILL BE CORRECTED; OR THE CONTENT ON THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Any information on the website is subject to change without prior notice and we assume no responsibility for such changes. YOU EXPRESSLY AGREE THAT USE OF THESE SITES IS AT YOUR SOLE RISK.
Except where prohibited by law, Kookailab disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
In no event shall Kookailab or any party involved in creating, producing, or delivering the Site be liable for any damages of any kind arising out of the use of the Site, including, without limitation, direct, indirect, incidental, exemplary, punitive, special damages and consequential damages or damages of any kind or nature arising out of your access, use, misuse or inability to use the Site or any linked website or service; if a third party intercepts or decrypts the transmission of any information you provide to us through the Site; or related to any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, whether in any action based on contract, negligence, tort, strict liability or any other theory, even if we HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18.OTHER LEGAL PROVISIONS
We may discontinue, change, suspend or cancel the content, operations or features of the Site at any time and for any reason without notice.
We reserve the right to update and/or change the terms of this Agreement. This Agreement was last updated on the date set forth above. Your continued use of the Site constitutes your agreement to the then current Terms.
Our failure to enforce any provision of this Agreement or to respond to a breach by you or another party will not in any way prevent us from enforcing or responding to such right or provision in the future. We may assign this Agreement to a third party in our sole discretion, and such assignment will inure to the benefit of our successors, assigns and/or licensees.
If any provision of this Agreement is invalid or unenforceable, that provision will be deemed superseded by a valid provision that matches the intent of the original provision and the remaining provisions will continue in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of laws. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding paragraph regarding applicable substantive law, any arbitration conducted under the terms of this Agreement shall be governed by the Federal Arbitration Act (9 USC §§ 1-16).
All rights not expressly granted herein are hereby reserved to Kookailab.
19.CONTACT US
If you have any questions or concerns about the Site or this Agreement, please contact us by email at [email protected]