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Kalabra Website Terms and Conditions
By visiting this website of Kalabra (the “Kalabra” or “Website”) you agree to the following terms & conditions. Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.
This website is provided by Kalabra LLC. By using this Website or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.
This website is not intended for persons under 18 years of age.
By registering with the website you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.
You shall not do any of the following or permit any other third parties to do any of the following:
(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
(b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;
(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
(d) Account sharing, including, without limitation, letting third parties use your account and password.
Modification of these terms and conditions
KALABRA reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.
You agree to pay the full price for all products you purchase from the website. We reserve the right to charge extra charges to your credit card or PayPal account for any products purchased from the website. You are responsible for the timely payment of all fees and for providing us with a valid credit card or PayPal account details for payment of all fees.
When you visit the website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the website, and all records including notices of cancellation, policies, contracts, and applications.
Copyrights and Licenses
This website and the entire contents contained on this website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Kalabra. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website or any contents contained on the website without the prior expressed written consent of Kalabra.
Kalabra grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Kalabra. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this website or any portion of this website without the express written consent of Kalabra. You agree not to interrupt or attempt to interrupt the operation of the website in any way.
Kalabra authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions:
(a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
(b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
(c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. KALABRA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR — USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KALABRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KALABRA DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. KALABRA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE — USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WEBSITE — USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. KALABRA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, KALABRA SHALL HAVE THE RIGHT TO REF– USE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party Links
For your convenience Kalabra may provide links to third party websites operated by other entities on the website. If you use such third party sites, you may leave this website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Kalabra does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that Kalabra sponsors, endorses, is affiliated or associated with any linked third party websites.
By visiting the website, you agree that the laws of the state of Washington, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Kalabra Company.
Any dispute relating in any way to your visit or access of the website or to the products you purchase through the website shall be submitted to binding arbitration in King County, Washington state. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
You agree to indemnify, defend and hold harmless Kalabra, its officers, directors, owners, partners, employees, volunteers or interns harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement.
Collection of your Personal Information
We will ask you when we need information that personally identifies you (“personal information”) or allows us to contact you to provide a product or service or carry out a transaction that you have requested. The personal information we collect may include, without limitation, your name, e-mail address, home or office address, credit card number and phone number.
The site may collect certain information about your visit, such as the name of the internet service provider and the Internet Protocol (IP) address through which you access the internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the website from which you linked directly to the site. This information is used to help improve the Site, analyze trends, and administer the Site.
Use of your Personal Information
The personal information collected on this Site will be used to operate the Site and to provide the products or services or carry out the transactions you have requested or authorized.
In support of these uses, Kalabra may use personal information to provide you with more effective service, to improve the Site and any related Kalabra products or services, and to make the Site easier to use by eliminating the need for you to repeatedly enter the same information. In order to offer you a more consistent experience in your interactions with Kalabra, information collected by the Site may be combined with information collected by Kalabra from other sources.
We may use your personal information to provide you with important information about a product or service that you have purchased or inquired about. Additionally, we may send you information about other Kalabra products and services, and/or share information with Kalabra partners so they may send you information about their products and services.
We may merge Site-visitation data with demographic information, and we may use this information to provide more relevant content. We may combine Site-visitation data with your personal information in order to provide you with personalized content.
Kalabra may hire other companies to provide products or services on our behalf, and we may provide such companies with the personal information they need to perform their duties.
Kalabra may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Kalabra; (b) protect and defend the rights or property of Kalabra or its affiliates; or (c) act in urgent circumstances to protect the personal safety of Kalabra employees or agents, users of Kalabra products or services, or members of the public.
Personal information collected on the site may be stored and processed in the State of Washington or any other state or country in which Kalabra or its affiliates or agents maintain facilities, and by using the Site you consent to any such transfer of information to another state or country.
Control of your Personal Information
Kalabra may send out periodic e-mails to you with information on our opportunities, products or services. You will be given the option to unsubscribe to these mailings.
Security of your Personal Information
Kalabra will use commercially reasonable efforts to protect your personal information from unauthorized access, use, or disclosure. However, due to computer hackers, electronic malfunctions, and other events, Kalabra cannot guarantee that such safeguards will always protect such information.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the features of this or other Web sites you visit.
Web beacons, also known as clear gif technology, or action tags, may be used to assist in delivering the cookie on the site. This technology is a tool we may use to compile aggregated statistics about the site usage, such as how many visitors clicked on key elements (such as links or graphics) on a web page. We may share such site statistics with partner companies.
If you have questions regarding this statement, you should contact Kalabra.
Changes to this Statement
PO Box 343
Mercer Island, WA 98104