BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of KOKI HOLDINGS AMERICA LTD., negatively reflect on the goodwill or reputation of KOKI HOLDINGS AMERICA LTD. and shall take no actions which would cause KOKI HOLDINGS AMERICA LTD. to be in violation of any laws, rulings or regulations applicable to KOKI HOLDINGS AMERICA LTD.
Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of KOKI HOLDINGS AMERICA LTD., its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress ("Marks") of KOKI HOLDINGS AMERICA LTD., its affiliates or other entities that have granted KOKI HOLDINGS AMERICA LTD. the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of KOKI HOLDINGS AMERICA LTD. You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without KOKI HOLDINGS AMERICA LTD.'s prior written permission. Except as expressly provided herein, KOKI HOLDINGS AMERICA LTD. does not grant to You any express or implied rights to KOKI HOLDINGS AMERICA LTD.'s or any third party's Intellectual Property.
KOKI HOLDINGS AMERICA LTD. grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use the Website only in the manner presented by KOKI HOLDINGS AMERICA LTD., and (b) to copy documents published on the Website for non-commercial use within your organization only, provided that the following copyright notice appears in each and all copies: © Koki Holdings America Ltd., 2019. Except for this limited license, KOKI HOLDINGS AMERICA LTD. does not convey any interest in or to KOKI HOLDINGS AMERICA LTD. information or data available via the KOKI HOLDINGS AMERICA LTD. Website or any other KOKI HOLDINGS AMERICA LTD. property by permitting You to access the Website.
KOKI HOLDINGS AMERICA LTD. MAKES NO REPRESENTATIONS ABOUT THE INFORMATION OR DOCYMENTS ON THE WEBSITE. THE WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. INFORMATION AND CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY. THE USE OF SAME IS AT YOUR OWN RISK.
KOKI HOLDINGS AMERICA LTD., ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. KOKI HOLDINGS AMERICA LTD. AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY KOKI HOLDINGS AMERICA LTD. IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT KOKI HOLDINGS AMERICA LTD. IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, KOKI HOLDINGS AMERICA LTD. IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KOKI HOLDINGS AMERICA LTD., ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KOKI HOLDINGS AMERICA LTD. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
KOKI HOLDINGS AMERICA LTD. and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the content to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the Information, you represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding import, export, or re-export.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE STATE OF GEORGIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, INFORMATION AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
For Residents of Quebec
The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.
Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.