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Terms of Use

TERMS OF USE
Welcome to the Kooba website. Please carefully read the following Terms of Use before using the Kooba.com website (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use.
This website is operated by Melanie and April's, Inc ("Melanie and April's) pursuant to agreements with Mundi Westport Corp. ("Westport"). Throughout the Site, the terms "we", "us" and "our" refer to Melanie and Aprils. Melanie and Aprils offers this website, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of this Site constitutes your agreement to these Terms of Use.

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies means you accept the changes. If at any time you do not agree to these Terms of Use, please do not use this Site.

ACCURACY 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 or more complete sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information which is not necessarily 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 the Site. You agree that it is your responsibility to monitor changes to the Site.

PRODUCT INFORMATION

The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. Select product can be found in retail stores in the United States while supplies last. In some cases, merchandise displayed on the Site may not be available in stores. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products presented on the Site.

COPYRIGHTS AND TRADEMARKS

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Kooba, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the website for purposes competitive to Westport, is expressly prohibited. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission. Westport reserves all rights to this Site and its content not expressly granted herein. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Westport, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Westport's sole discretion. Westport neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Westport. You may not use information provided on the site for unauthorized purposes, including marketing.

CONDUCT ON THE SITE

By using this Site, you represent, warrant and covenant that you will not (a) attempt to gain unauthorized access to other computer systems through this Site; (b) transmit any viruses or any other disabling mechanisms, (c) use this Site for any illegal purpose or in violation of any applicable laws or regulations, (d) engage in an activities that would violate the privacy rights of others, (e) attempt to penetrate security measures of this Site, or (f) use this Site in any manner that could damage, disable, overburden or impair this Site or interfere with any other party’s use of this Site. You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. You may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without Westport's express written consent.

Westport reserves the right to remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Termination of your access or use will not waive or affect any other right or relief to which Westport may be entitled, at law or in equity.

LINKS

This Site may contain links to other Web sites, some of which are operated by Westport or its affiliates and others of which are operated by third parties. These links are provided only as a convenience to you and Westport has not necessarily reviewed all the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Westport is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WESTPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WESTPORT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. WESTPORT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WESTPORT NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, WESTPORT'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WESTPORT, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER WESTPORT NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH WESTPORT IS LIMITED TO ONE DOLLAR (US $1). YOU AND WESTPORT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify, defend and hold harmless Westport and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of this Site and any violation of these Terms of Use. If you cause a technical disruption of the site or the computer systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Westport reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Westport in the defense of such matter.

JURISDICTION AND APPLICABLE LAW

The laws of the State of New Jersey govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the State of New Jersey for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New Jersey and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

GENERAL

You acknowledge that you have read this Agreement, understand it and will be bound by these Terms and Conditions. You further acknowledge that this Agreement represents the complete and exclusive statement of the Agreement between you and Westport and that it supersedes any proposal or prior agreement oral or written and any other communications between you and Westport relating to the subject matter of this Agreement.
If you have any questions regarding this Site or these Terms and Conditions, please contact Westport at info@kooba.com.