KAPOTAS TERMS AND CONDITIONS
Welcome! The following policies and terms govern your use of Kapotas Designs' ("Kapotas") services and products and any purchases you make from us.
By accessing and using Kapotas' websites and services, and each time you make a purchase from Kapotas, you agree to the following terms ("Terms").
If you do not agree to these terms, you must discontinue your use of Kapotas services and return any Kapotas products within fifteen (15) days of purchase and get a refund.
1. About Kapotas and this Agreement.
a. These Terms and any offers, policies, purchase orders and supplemental terms serve collectively as a contract between you and Kapotas Designs LLC ("we," "us," or"our"). The Terms are in electronic form have the same force and effect as an agreement in writing. Your affirmative act of accessing Kapotas' websites and services signifies your agreement to these terms. Your affirmative act of opening the package of a Kapotas product signifies your agreement to these terms unless you return the product for a refund within fifteen (15) days of purchase.
b. We may change these Terms from time-to-time. The changes take effect after we post or provide notice of the changes. The changes do not apply to products you already purchased from us. If you do not agree to the changes, you must discontinue your use of the Service. Otherwise, your continuing use of Kapotas services signifies your agreement to the changes.
c. We may in our discretion change or discontinue any website or service at any time and without liability to you.
d. We try to be as accurate as possible. However, we do not warrant that product descriptions or other content on our websites and other services are accurate, complete, reliable, current, or error-free. Supplies may be limited or not available in all color or sizes. Certain items may be out of stock by the time you elect to make a purchase. If a product offered by us is not as described, your sole remedy is to return it in unused condition as provided in our refund and exchange policy.
e. We reserve the right to: (a) correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order); (b) revoke any stated offer; and (c) make changes to prices and product descriptions or specifications, quantity limitations or other information without obligation to issue any notice of such changes.
- You must be at least 18 years of age to make purchases from us and to use our services.
- If you make a purchase or register with the us, you agree that you will provide us with true and accurate information about yourself and you agree to keep the information up-to-date.
- You agree you will never divulge, share, or give access to your account information and password to any other person for any reason.
- We may terminate your access to our services if you provide us with false or incomplete information.
3. General Rules. You agree that when you access and use Kapotasí websites and other services:
- You will not engage in any misleading conduct;
- You will comply with all laws and regulations;
- You will not violate the rights of others, including, the copyrights, trademarks, patents or privacy of another;
- You will not attempt to gain unauthorized access to our services;
- You will not open multiple accounts;
- You will not impersonate anyone else;
- You will not harass or interfere with other usersí access to our services;
- You will not submit materials that are obscene, abusive or contain hate speech;
- You will not transmit viruses or other malicious code;
- You will not use our services to facilitate the sending of spam or other unsolicited communications;
- You will not reproduce, duplicate, frame, copy, sell, redistribute, sublicense or exploit for any commercial or other purposes all or any portion of our services;
- You will not directly or indirectly interfere with the servers or networks connected to our services;
- You will share or post content only if you have the rights to do so; and
- You will not data mine or scrape our computer systems or data bases for purposes of copying our databases, our list of users or other information;
- You assume all consequences if you elect to post information about yourself in public areas of our services; and
- You will not disclose personal information about another person in an area on our websites that can be viewed by the public without the express permission from that person.
We may take any legal, equitable or technical remedy if you violate these Terms, including without limitation, suspending your access to our services.
4. Your content. We may give you the opportunity to post and share reviews, comments, and other content on our services. If so, you grant us a universal, non-exclusive, perpetual license to display, use, adapt, modify, syndicate, create derivative works, promote and distribute your content on our services and through other channels. You also agree that we may use any feedback you provide to us without any compensation to you.
5. Monitoring. We have no duty to you or others to monitor our services for violations of these Terms, although we reserve the right to do so. We may refuse to publish, and may remove any content from our services at any time and for any reason.
6. License grant.
- Subject to these Terms, we give you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to access and use our websites for your individual use and subject to these Terms.
- Our websites and services are ìcommercial itemsî as the term is defined in 48 C.F.R. ß 2.101.
7. Your responsibilities.
- You are responsible for all activities on your account, including purchases made on your account by you or others using your account information. Therefore, you must keep your user account information and password confidential.
- You should report to us immediately if you believe your account is compromised.
- You must comply with all applicable export laws regarding use of our software applications.
8. Proprietary rights. Copyright and other intellectual property laws and treaties protect the content and applications offered by or through our services. You may not modify, adapt, or create derivative works from our services. You may not remove proprietary notices. You may not help anyone else to do any of the things prohibited in this paragraph.
9. Purchase terms. The following terms apply when you purchase our products:
- We will, for any reasons, not be held responsible or liable for delivery issues or delivery failures, including but not limited to, wrong delivery address, product shortage, product end of life, product(s) lost during transit, etc. We reserve the right to modify your order with a similar product of identical or greater value if original product(s) is (are) no longer available. Product specifications, shape and color may vary without prior notifications.
- We will ship products according to your selected shipping instructions. We will attempt to ship the products within the estimated timeframe reflected on the order confirmation but will not be liable for any failure to do so. For items on back order we may ship whenever the products become available without notice to you.
- Except for software products, which are licensed, not sold, title to all products passes to you upon delivery of the product to the selected carrier.
- For purposes of calculating sales tax, the ship-to location shall govern. You are responsible for any customs, brokerage, additional assessments or any other fees payable upon import of the products into your country or location. Because these duties and fees can vary and change over time, we recommend that you check on such duties or other fees before placing your order. Should you refuse delivery of the products, you will be responsible for the return freight charges to us.
- Our products and services are not designed for use with hazardous activity. You agree not to use our products and services in connection with a hazardous activity, and you will indemnify us if you violate this provision.
- You agree to pay for all purchases you make from us, including any applicable taxes and fees, including without limitation, sales and use taxes. Payment in full is due prior to shipment. We will only accept payment via credit card or PayPal. You must supply your credit card details when you place your order. We may, in our discretion, post charges to your payment method individually or we may aggregate your charges with other purchases you make from us.
- You may be given the option to use a convenience feature that imports your payment information previously entered during a prior purchase from us, which we will use to process your order, and which we will store in connection with your account.
11. Limited Lifetime Warranty. For a period of thirty (30) days after your purchase of a specific product provided by us to you (each, a "Product"), we will within a reasonable time remedy a material defect of any Product at no charge to you by either repairing or replacing the defective Product, provided that you have notified us of the defect before the warranty period expires. This warranty does not apply to (a) damages caused by you or any third party to the Product, (b) excessive misuse of the Product or (c) claims based on normal wear and tear of the Product. THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.
12. Disclaimer. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, WE PROVIDE OUR SERVICES AND PRODUCTS"AS IS" WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS.
13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, VENDORS, LICENSORS, DISTRIBUTORS, CUSTOMERS OR WE BE RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, GOODWILL, OR DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY. IN NO EVENT WILL OUR LIABLITY TO YOU EXCEED THE TOTAL AMOUNT OF ANY PURCHASES YOU MADE WITHIN 30 DAYS OF A CLAIM.
14. Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- You may terminate your account at any time by discontinuing your use of the Service.
- We may terminate your account for any reason at any time in our discretion, including without limitation, if you violate these Terms.
- You remain liable for payment of any purchases that you make prior to termination of your account.
16. Disputes. You agree that Ohio law shall govern these Terms.
17. General Terms.
- You and we are independent contractors of each other; these Terms do not create a partnership, agency or joint venture relationship.
- These Terms constitute the entire agreement regarding your use of the Service.
- You may not assign your account or obligations to anyone else.
- If any provision under these Terms is deemed unenforceable, the remaining terms stay in effect. You agree to transact with us electronically.
- You agree to transact with us electronically. We may send you notices about the Service electronically, such as, by email. You may save or print these terms if you wish to retain a copy. You will need Internet access with a standard browser and a printer connected to your device to print a copy of these Terms.
If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of by providing our designated copyright agent listed below with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identify in sufficient detail the copyrighted work that you believe has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identify the material that you claim is infringing the copyrighted work listed above and that is to be removed or access disabled, and information reasonably sufficient to permit us to locate the material;
- Provide information reasonably sufficient to permit us to contact you, including a name, address, telephone number and email address;
- If possible, provide information sufficient to allow us to notify the owner/administrator of the allegedly infringing content;
- Include the following statements:
- "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the notice; and
- Send the notice to: Kapotas Designs LLC, Copyright Notice, PO Box 120381, Arlington, TX, 76012
- Sections 8 and 12 through 18 survive termination of these Terms.
Last Updated: 05 August 2017