TERMS OF SERVICE
— — –
This website is operated by Kooka LLC. Throughout the site, the terms “we”, “us” and
“our” refer to Kooka LLC offers this website, including all information, tools and services available
from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and
notices stated here.
By visiting our site and/ or purchasing from us, you engage in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all
users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using
any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms
and conditions of this agreement, then you may not access the website or use any services. If these Terms of
Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the
right to update, change or replace any part of these Terms of Service by posting updates and/or changes to
our website. It is your responsibility to check this page periodically for changes. Your continued use of or
access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on 1and1.com. They provide us with the platform that allows us to sell our products and
services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or
province of residence, or that you are the age of majority in your state or province of residence and you
have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted
and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the website through which the service is provided,
without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The
material on this site is provided for general information only and should not be relied upon or used as the
sole basis for making decisions without consulting primary, more accurate, more complete or more timely
sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the contents of this site at any time, but we
have no obligation to update any information on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or
services may have limited quantities and are subject to return or exchange only according to our Return
We have made every effort to display as accurately as possible the colors and images of our products that
appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by- case basis. We reserve the right
to limit the quantities of any products or services that we offer. All descriptions of products or product
pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service made on this site is void where
We do not warrant that the quality of any products, services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases
made at our store. You agree to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete your transactions and contact
you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control
You acknowledge and agree that we provide access to such tool’s “as is” and “as available” without any
warranties, representations or conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on which tool’s are provided by the
relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of
new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are
not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have
any liability or responsibility for any third-party materials or websites, or for any other materials, products,
or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party websites. Please review carefully
the third-party’s policies and practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request
from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email,
by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable
or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark,
privacy, personality 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 Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as
to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after you have submitted your
We undertake no obligation to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should be taken to indicate that all information
in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site
or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful
acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e)
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any related website, other websites, or
the Internet. We reserve the right to terminate your use of the Service or any related website for violating
any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure
We do not warrant that the results that may be obtained from the use of the service will be accurate or
You agree that from time to time we may remove the service for indefinite periods of time or cancel the
service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as expressly stated by us) provided
‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kooka LLC, our directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including, without limitation lost
profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service
or any products procured using the service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kooka LLC and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by
any third-party due to or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such
determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate
these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this agreement at any time without notice and you will
remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute
a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The
Service constitutes the entire agreement and understanding between you and us and govern your use of the
Service, superseding any prior or contemporaneous agreements, communications and proposals, whether
oral or written, between you and us (including, but not limited to, any prior versions of the Terms of
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed
by and construed in accordance with the laws of 6168 Lee St. Arvada, CO US 80004.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service
by posting updates and changes to our website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service following the posting of any changes
to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Send us an email for questions about the Terms of Service.