Terms of Service
Koga Furniture User Agreement
Welcome to Koga website. Koga provides website features and information to You when You visit www.kogafurniture.com(the “Website”) and use Koga products or services, including software and features provided by Koga in connection with the Website to which this User Agreement is attached, including without limitation the website at www.Kogaintl.com (collectively, the “Services”). Koga provides the Services subject to this Agreement between You and Koga, (Koga or “We”, “Us”, or “Our”). By viewing, accessing or using Our Website, You agree to the terms of this Agreement. THIS IS A BINDING CONTRACT that We first posted on about October 10, 2023.
Koga is the operator of the www.Kogaintl.com Website and Provider of the Services.This Website is owned by Koga, and is hosted by Xneelo.
In order for You to use Our Website, We give You certain limited rights. The content of Our Website is protected by United States and international laws, including intellectual property laws like copyright and trademark laws. Since We own or license the rights conveyed by these laws, which are reflected in the content on the Website, WE GRANT YOU A LIMITED, NONEXCLUSIVE, NONTRANSFERABLE LICENSE TO ACCESS THE SERVICES TO MAKE PERSONAL AND NON-COMMERCIAL USE OF THEIR CONTENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICES OR CONTENT OF THE WEBSITE.
Except as authorized in this Agreement, no copies of the Services (including the Website) or any part thereof may be made by or for You. You agree that You will not alter, publish, copy, cut, modify or transform the content, or any component of the content of this Website, in any form to any storage medium, known or unknown, for any purpose, except as authorized by Us in advance in writing. You agree not to make any commercial use of any Service or content without express written consent from Koga, including not collecting and/or using product or service information, descriptions, or prices, not creating any derivative use of any Service or content, not to download or copy instructor or customer information for the benefit of another merchant, and not to use robots, data mining, or similar data extraction or gathering tools. You agree not use any meta tags or any other “hidden text” including or derived from Our copyrights, names or trademarks. You agree not misuse the Services and only to use those Services as permitted by and in compliance with all applicable laws. All rights not expressly granted to You are reserved and retained by Koga and its licensors.
The license granted in this Agreement terminates automatically if You fail to comply with any term of this Agreement or the additional terms of any Service. Koga may deny You access or terminate this license if We reasonably believe that You are not abiding by the terms of this Agreement, or for any other reason in Our sole discretion. You may be legally responsible for trademark or copyright infringement if You fail to abide by the terms of this license.
Koga ‘s Rights
You acknowledge and agree that all content associated with the Services is Our property, protected under copyright and trademark laws. You agree that all right, title, and interest in and to the Services and content, including associated intellectual property rights, are and shall remain with Koga and its licensors. You agree not to take any action inconsistent with Our rights and not to challenge them. If You believe Our content infringes Your copyright, please follow Our Copyright Complaint procedure.
Communications from You
You agree to provide current, complete and accurate purchase, delivery, and account information for any Services. You agree to promptly update Your account and other information, including Your email address and payment method details so that We can complete Your transactions and contact You as needed.
You may submit suggestions, ideas, comments, questions, information, reviews, photos and other content or communications to Us in connection with or separate from Your access to Our Website. In some cases, You may also add, post or provide content. In all cases, You agree not to provide or submit anything or use Our Website for any action, that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone in Your use of Our Website. You agree that We alone have discretion to determine what is objectionable.
If You do submit anything to Us or post any content, You grant Us a nonexclusive, royalty-free, perpetual, irrKogacable, and fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display whatever You sent Us throughout the universe, perpetually, in any media, and without any obligation to compensate You in any form. You also grant Us and Our sublicensees or assigns the right to use Your name in connection with the content, at Our (or their) option. You represent and warrant that You own or otherwise control all of the rights to what You submit or post, that it is accurate, that it and its use does not violate this Agreement and will not cause injury to any other person or entity, and that You will indemnify and hold Us harmless for all claims and/or losses resulting from Your supplying Us that material (including for anything We do with it).
Koga reserves the right at its sole discretion, but has no obligation, to block or remove (in whole or part) any User Generated Content posted or transmitted by You and which Koga believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or moral rights), or is otherwise unacceptable to Koga. Koga reserves the right, but has no obligation, to suspend or terminate user accounts or user IDs and to take technical and legal steps to prohibit access to the Website if we think that those users are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of this User Agreement or our policies. Koga reserves the right to cancel unconfirmed user accounts.
No Warranty – Limitations of Liability
The content of Our Website is provided on an “as is” and “as available” basis without any warranties, express or implied. By accessing the content of Our Website, You agree to release Koga and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from all claims, damages, costs and expenses of every kind (including reasonable attorneys’ fees) (“Claims”) that directly or indirectly result from Your use of the Services or the content of Our Website.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND OUR WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO RELEASE AND WAIVE ANY CLAIMS AGAINST Koga AND THAT Koga WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY KIND ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FROM ANY INFORMATION, ADVICE, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE SERVICES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Certain state laws may not allow limitations on warranties or exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, waivers, releases, exclusions, or limitations may not apply to You.
You release and hold harmless Koga and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any liability concerning any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by You arising or resulting directly or indirectly from Your use of the Services, Your purchase and use of Koga products, Your participation in recreational or fitness activities, and Your use of the License under this Agreement. You acknowledge and agree that recreational and fitness activities are physically demanding and may not be appropriate for everyone. You acknowledge and agree that the Services simply include general information and are not a substitute for medical or healthcare advice. You should seek the advice of a physician or other qualified healthcare professional if You experience any condition (medical or otherwise) in connection with the Services, products or activities or that may cause injury or health issues, and generally before beginning these or any other exercise or recreational activities. We assume no responsibility for any consequence relating directly or indirectly to any act or omission an Instructor or other third party may take based on the Services, products, or activities, or the information, services, or other content provided on Our Website or elsewhere.
No Guarantee of Correctness – No Advice
The content has been prepared and/or obtained for education and entertainment purposes only and is not intended to provide legal, medical, tax, professional, or other advice. You acknowledge that Koga and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives do not promise or guarantee that the content is correct, complete, or up to date.
Product Manuals and Instructions
You agree to not use our products until You have read and understood the product manual (and any updates) which may be provided on our Website or otherwise in the Services.
Koga is committed to making our website’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at 1-888-808-7535 or email our team at firstname.lastname@example.org with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.
Third Party Intellectual Property
The content or Our Website may include third party intellectual property, whether informational, comparative, or with permission. Just because we do this does not mean that You can, or that You should. We undertake our own assessments respecting our content, just as You should. You agree that We do not have any liability for infringement of anyone else’s intellectual property rights if You replicate any use of third-party intellectual property in the Services and You agree to indemnify us (including for reasonable attorneys’ fees) if Your use of anyone else’s intellectual property rights results in Us getting accused of violating that person’s rights.
You warrant and represent that Your performance under this Agreement and use of the Services and products will comply with all applicable laws, rules, regulations, including teaching, training, advertising, marketing, electronic communication, solicitation, mobile device communication, telephone, fax, privacy, collection, and intellectual property laws, and that Your use does not and will not conflict with any other obligations to third parties that You have or undertake in the future. If You violate this promise to Us, You agree indemnify and hold harmless Koga and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any claims, damages, or expenses (including reasonable attorneys’ fees) that result from the conflict.
Disputes; Applicable Law; Notices
Any dispute or claim relating in any way to Your use of any of the Services, access to the content on Our Website, or concerning any products or services sold or distributed by Koga or through www.Kogaintl.com will be resolved by individual (non-class) binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law, and the laws of the State of Florida without regard to conflicts of laws principles, apply to this Agreement. You agree that the arbitration will be conducted in Broward County, Florida.
To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to the attention of Our legal department at the address in this Agreement. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (if applicable). The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. AAA rules govern payment of all filing, administration and arbitrator fees. You agree to pay half of the arbitration costs no matter what.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, We each waive any right to a jury trial. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights. To be clear:
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.
YOU WAIVE YOUR RIGHTS TO ANY DEFENSE BASED ON PERSONAL JURISDICTION, VENUE OR AN INCONVENIENT FORUM.
YOU AGREE NOT TO SERVE AS A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO BE A MEMBER OF A CLASS, IN ANY ACTION INVOLVING ANY DISPUTE WITH US.
Whenever You give Us any notice, it must be in writing to the attention of Koga, ’s Legal Department at Our address in this Agreement. We must actually receive Your notice and You must have tracking information to prove We did. Whenever We give You any notice, We may email You or send You notice at any address where You are or may be found or that You provide Us when You use Our Website. Our notice is effective upon emailing (absent undeliverable return message), three (3) days after mailing in the same country, and seven (7) days after mailing internationally. Email is NOT sufficient for legal notices, but email to the address here at the time You dispatch the notice IS required for Your notice to be effective.
Unit 002, Building 4B
Growthpoint Industrial Estate
1 Bell Street
Mandatory Email at Time of Dispatch of Notice: email@example.com
Sometimes unforeseen events may delay our providing of the Services, like extreme weather, internal or vendor-related delays, acts of god, government regulations or actions, pandemic and so forth, shipments or Service availability may be delayed or compromised. You agree that We are not liable for anything that results from these things that are outside Our control or not a result of Our intentional acts or omissions.
We try to be as accurate as possible in Our product descriptions, but We do not warrant that product descriptions or other content of any of the Services are accurate, complete, reliable, current, or error-free. If a product offered by Us itself is not as described, Your sole remedy is to return it in unused condition, and You waive any other rights and remedies.