Last updated: January 1, 2023
Welcome to Kooba®! These Terms of Use (“Terms”) are a legal agreement between you and Kooba (“Kooba”, “we” “us” or “our”) governing your use of the Kooba website at thekooba.com (the “Site”) and mobile application (the “App”).
Please read these Terms carefully before using our Site or App. By accessing or using the Site or App, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms, do not access or use the Site or App.
These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1. Use of Site and App
You must be at least 13 years or older to use the Site or App. Use of the Site and App is void where prohibited by applicable law. Use requires compatible devices, Internet access, and certain software. We may change, suspend, or discontinue the Site or App in whole or in part.
2. Kooba Accounts
To access certain features, you may be required to create a Kooba account. You must provide accurate and complete information and keep your account information updated. You are solely responsible for safeguarding your account credentials and restricting access to your account.
3. Ordering Products
Our online store allows you to purchase physical products. By placing an order, you agree to pay the stated charges including applicable taxes and shipping costs. We reserve the right to cancel orders at any time.
4. Intellectual Property
The Site and App contain intellectual property owned by us, our affiliates, and our business partners, including but not limited to copyrighted material, trademarks, service marks, design, images, photographs, video, text, graphics, software, trade dress, and logos. We grant limited permission to access and use the Site and App and its contents as expressly authorized, and for no other purpose.
5. User Content
If you post, upload, input, provide or submit your personal data to us, such as public comments, pictures or videos (collectively “User Content”), you must ensure you have the legal right to do so and that your User Content does not violate any law. We take no responsibility for your User Content. We have the right to disclose your identity to any third party who claims your User Content violates their rights. If you violate others’ intellectual property rights, your permission to access and use the Site and App automatically terminates.
6. Acceptable Use Policy
You must access and use the Site and App for legitimate, non-commercial purposes only. You shall not:
- Violate any laws or third party rights: You will not violate any applicable law, regulation or third party rights on or through the Site or App.
- Damage, disable or impair the Site or App: You will not damage, disable, overburden, or impair the Site or App or interfere with anyone else’s use and enjoyment of the Site or App.
- Gain unauthorized access to or interfere with the Site/App: You will not gain unauthorized access to or interfere with the proper working of the Site or App; for example, by submitting malware or overloading, flooding, mail bombing, or crashing the Site or App.
- Circumvent security measures: You will not violate or attempt to violate any security features of the Site or App, including accessing content or data not intended for you, probing or scanning for vulnerabilities, breaching or bypassing authentication or security measures, or running software vulnerability scans or penetration tests without formal written consent from Kooba.
- Use for illegal or unauthorized purposes: You will not use the Site or App for unlawful, fraudulent, malicious, or inappropriate purposes.
Violating these acceptable use rules may result in restrictions on your access to the Site and App or termination of your account.
7. Indemnity
You agree to indemnify, defend and hold harmless Kooba and our officers, directors, employees, consultants, affiliates, subsidiaries and agents from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, due to or arising from: (a) your access to or use of the Site or App; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third party right, including intellectual property rights or privacy rights; or (e) any misrepresentation or omission made by you. You will cooperate as fully required by us in the defense or settlement of any claim.
8. Disclaimers
THE SITE AND APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE KOOBA ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Kooba makes no warranty that: (a) the Site or App will meet your requirements or expectations; (b) the Site or App will be available on an uninterrupted, timely, secure, or error-free basis; or (c) any errors on the Site or App will be corrected. No advice, information, or statement made by Kooba or its representatives shall create a warranty.
9. Limitation on Liability
UNDER NO CIRCUMSTANCES WILL THE KOOBA ENTITIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR APP. THIS INCLUDES DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES. THE KOOBA ENTITIES WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE OR APP.
UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE KOOBA ENTITIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID KOOBA, IF ANY, IN THE PAST 12 MONTHS. THE LIMITATIONS IN THIS SECTION WILL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR FUNDAMENTAL BREACH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
10. Modifications to the Site and App
We reserve the right to modify or discontinue the Site or App at any time (including by limiting or discontinuing certain features or functionality), temporarily or permanently, without notice to you. We will have no liability for any change to Site or App.
11. Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.
12. Arbitration Agreement
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or your use of the Site or App (collectively, “Disputes”) will be settled by binding arbitration between you and Kooba, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Kooba are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Kooba otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration Agreement” section will be deemed void. Except as provided in the preceding sentence, this “Arbitration Agreement” section will survive any termination of these Terms.
Arbitration Rules The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Arbitration Agreement” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process The arbitrator will have exclusive authority to resolve all Disputes, including, but not limited to, scope and enforceability, except that a court may determine the scope and enforceability of Section 12.2 above. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The AAA Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879.
Location The arbitration will take place in San Francisco County, California.
Fees The payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
13. Termination
You may terminate these Terms at any time. We reserve the right, without notice and in our sole discretion, to terminate these Terms or suspend your right to access the Site or App. Sections 4-12 will survive termination of these Terms. Upon any termination, discontinuation or cancellation of Services or your account, all provisions that by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
14. General Terms
Assignment: You may not assign or delegate these Terms or your rights or obligations without express written consent from Kooba. Kooba may assign these Terms freely.
Entire Agreement: These Terms, including documents incorporated herein by reference, comprise the entire agreement between you and Kooba and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding this subject matter.
No Waiver: Any failure by us to enforce these Terms or any provision herein is not a waiver of such terms or provisions.
Severability: If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No agency, partnership or joint venture: No agency, partnership, joint venture, or employment relationship exists between you and Kooba as a result of these Terms or your use of the Site or App.
Third party beneficiaries: There are no third party beneficiaries to these Terms.
English language: These Terms have been drafted in English. Any translation is provided for your convenience only. In the event of any conflict, the English version prevails.
Notice: You agree we may provide notices to you through electronic means including through the Site or by email to any address associated with your account.
15. Contact Us
If you have any questions about these Terms or our Site or App, please contact us at:
Via Email: [email protected]
Via Phone Number: 817-343-0187