Terms and Conditions | Koala-t-time

TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use were last modified on July 27, 2016. Welcome to Koala-T time, LLC's ("Koala-T time" or "Company" or "us" or "we" or "our") website, www.koala-t-time.com (the "Site"). These Terms and Conditions of Use ("Terms") outline the terms of our relationship, as supplemented by the Koala-T time Privacy Policy, which outlines our data security practices. By using the Site, you agree to be bound by the following terms and all applicable laws and regulations. Your use or access of the Site in any way signifies your constructive and actual notice and knowledge of, and your agreement to be bound by, the most current version of the Terms as posted on the Site and the Privacy Policy located at www.koala-t-time.com/privacy. It is solely your responsibility to ensure that your use of any and all third party website or content is in compliance with any and all third party requirements. IMPORTANT: THESE TERMS GOVERN YOUR USE OF THE SITE AND OUR SUBSCRIPTION BOXES ("Products"). THESE TERMS AND ANY RELEVANT SPECIFIC TERMS ARE SUBJECT TO CHANGE AT ANY TIME IN COMPANY'S DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT SPECIFIC TERMS EACH TIME YOU VISIT. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OR ACCESS THE SITE OR USE OUR PRODUCTS.

PRIVACY POLICY

Our Privacy Policy (“Privacy Policy”), as currently posted on our website is referenced throughout this User Agreement and provides additional terms and conditions related to use, collection and disclosure of your personal information. If you do not agree with our Privacy Policy, we ask that you discontinue any access or use of our website and products.

OWNERSHIP OF INTELLECTUAL PROPERTY

Unless otherwise indicated, all products, content, information displayed or accessible on our website, including, without limitations submitted materials, digital images, works, logos, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animations, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, and patents (collectively “Koala-T time Materials”), are the intellectual property of Koala-T time, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, “Licensors”), and are protected by the copyright, trademark, patent, and other intellectual property laws of the United States and other applicable jurisdictions. The use or misuse of any of Koala-T time Materials or other information is strictly prohibited.

LIMITED LICENSE

Koala-T time grants to you a non-exclusive right to use the Site and our Products, for your personal, non-commercial use subject to the restrictions set forth in these Terms and any other restrictions communicated by us in writing. Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Site and our Products, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. No permission is granted to you to print, reproduce, duplicate, sell, resell, distribute, license, transfer, upload, download, store, display in public, alter, modify, or exploit any portion of these materials, use of the Products, or access to the Products without our express written consent. The look and feel of the Site and our Products is copyright © 2016 Koala-T time, LLC. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements or written content without our express written consent.

USER REGISTRATION

Some portions of our website are fully accessible without the need to registering or logging in, however to obtain full access to the Site and our Products, you will be required to complete a registration. You will be asked to (i) provide certain registration details or other information as detailed in our Privacy Policy; (ii) to establish an account specific to you ("Your Account" or "Account"), and (iii) to pay a subscription fee. By signing up for Your Account, you agree to pay the fees ("Subscription Fees") designated for the Products package you selected. To create Your Account, you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of these Terms. Specifically, you agree that:

COMMUNICATION

You acknowledge and agree that all communication between you and Koala-T time with respect to your use and access of the Website will be done electronically and that such electronic communication, notices, and agreements shall be the legal equivalent of written communication. It is our policy to provide notifications to our customers via e-mail, hard copy, or postings on our website as we may determine necessary in our soul discretion, whether required by law or for marketing purposes. Koala-T time reserves the right to determine the form and means of communication and notifications to our customers and website users.

PAYMENTS

Koala-T time offers monthly subscriptions (“Monthly subscriptions”), six or twelve months subscriptions (“Extended Terms Subscriptions”), and gift cards (“Gift Cards”). You will be billed immediately upon placing your order. You must be an active paid subscriber by the 24th of each month in order for us to process the shipment on the following month. We currently require payments be made by a major credit card (i.e., VISA & MasterCard) or PayPal. All payments must be made from a payment source on which you are the named Account holder. Payments are not refundable, and shall be billed in advanced of the date your box ships. You authorize Koala-T time to charge your payment method according to the terms herein in order to continue your subscriptions. Koala-T time may use third party electronic payment processors and/or financial institutions ("ESPs") to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transaction and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted on the Site. You agree to be bound by the terms and conditions of use of each applicable ESP, and in the event or conflict between these Terms and the ESP's terms and conditions then these Terms shall prevail.

RENEWALS AND CANCELLATIONS

To provide continuous delivery of Products, Koala-T time automatically renews all paid subscriptions upon expiration. Such renewals are generally for the same duration as the original subscription term. For Monthly Subscriptions, Koala-T time will bill your payment method each month on the 24th day of each month or the prior business day in the case where the 24th day is a non-business day. For Extended Term Subscriptions, Koala-T time will bill your payment method up-front for subsequent periods generally equal to the initial term of the subscription upon the expiration of the initial subscription. Each Auto-renewing Subscription will renew at the subscription rate in effect at the time of renewal. By using the Site, you acknowledge that Your Account will be subject to the above-described automatic renewals. All subscriptions remain active until you elect to cancel, which you may do by logging into your account and cancelling directly on our website, or by emailing info@koala-t-time.com. All cancellations must occur by the 22nd of the month for Monthly Subscriptions and by the 10th of the month prior to the scheduled renewal for Extended Terms Subscriptions.

RETURNS

Koala-T time does not accept returns of any shipped box. If you receive a package that was damaged or incomplete, please email info@koala-t-time.com for resolution. We may replace the damaged package, provide an extension of your subscription, or offer a similar corrective action as deemed appropriate.

THIRD PARTY WEBSITES

We may provide links and pointers to Internet sites maintained by others who are independent from Company ("Third Party Sites"). We are not responsible for the content of, or any products or services offered on such Third Party Sites, and we make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Koala-T time takes no responsibility for your use or access and shall have no liability arising from your use of Third Party websites. From time to time, we may display or otherwise make available promotions, advertisements and/or offers provided by third parties ("Third Party Promotions"). You understand and agree to hold Company harmless and agree that Company shall have no liability whatsoever for such Third Party Promotions. If you participate in, click on, or otherwise link to such Third Party Promotions you do so solely at your own risk. Please review the applicable agreements and policies carefully when visiting Third Party websites.

SUBMITTED INFORMATION

Except for Personal Information, you agree that any information submitted to us, including any data, comments, remarks, creative suggestions, ideas, notes, artwork, drawings, stories, content, graphics, concepts, or information of any nature, shall be deemed to be, and shall remain, the property of Koala-T time. This information will be treated as non-confidential and non- proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, social media, or in any other manner. We may from time to time monitor, review, and, in our sole discretion, modify or delete any postings you make on the Site, however, we are not obligated to do so. Through your usage of the Site, you may submit and/or we may gather certain limited information about you and your website or Products usage. We are free to use such information for any purpose we deem appropriate. We will not be required to treat any such submission as confidential, and may use any submission (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result.

RESTRICTIONS ON USE

You agree not to submit or transmit any material that might in any way be illegal, offensive, or inappropriate. As a user of our website you must not: use the website in such a way as to offend or interfere with the use by anyone else of the Website; sell, trade or barter any items through the Website; upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Website that:

In addition, you agree that you will not (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Website or any Koala-T time materials; (iv) publish any collection or compilation of any Products listings, descriptions, or prices; (v) create any derivative work of the Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Koala-T time or its licensors; (viii) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of Koala-T time or its licensors; (ix) redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render any code related to or used in the Website to a human-readable form; (x) Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

DMCA NOTICE

Koala-T time understands the value and importance of intellectual property rights and makes every effort to respect the legitimate intellectual property rights of others. We takes all concerns related to intellectual property seriously and it is our policy, at our discretion and in appropriate circumstances, to cancel, disable or terminate any user's Account who infringes or appear to infringes the intellectual property rights of others. If you believe that any material on this website infringes a copyright, or any valid intellectual property right, please provide the following information to our DMCA Agent:

Please provide this information to Company's DMCA Agent, who can be reached by email: info@koala-t-time.com or by mail:

DMCA Agent

C/O Koala-T time, LLC

9777 B West Sample Rd

Coral Spring, FL 33065

NO WARRANTY; DISCLAIMER & LIMITATION OF LIABILITY

We have no obligation to check whether users are using the Site in accordance with these Terms or any other agreement. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet. OUR PRODUCTS AND ALL MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THE SITE OR PRODUCTS, OR ON ANY WEBSITE OR WEBSITES "LINKED" TO THE SITE. COMPANY MAKES NO WARRANTY THAT THE SITE AND OUR PRODUCTS WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME COMPONENTS MAY INCLUDE SMALL PARTS AND MAY POSE CHOKING HAZARDS IF SWALLOWED. TOYS ARE NOT FOR CHILDREN UNDER 3 YEARS OF AGE. IF YOU ARE DISSATISFIED WITH US, THE SITE, OUR PRODUCTS, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND OUR PRODUCTS.You agree that Koala-T time shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Site or our Products. You hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our Site or our Products

INDEMNIFICATION

By accepting this User Agreement, you agree to defend, indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorneys' fees, and any awards or damages caused by, relating to or incident to: (a) your use of our Products; (b) the Site; or (c) the products and/or services offered through the Site.

GOVERNING LAW

These Terms shall be governed by the laws of the State of Florida without giving effect to any choice or conflict of law or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction and venue in the state or federal courts of the State of Florida. All materials on the Site are provided solely for the purpose of promoting our operations and products in the United States and its territories. We make no representation that the products and services on the Site are appropriate or available for use in other locations. If, despite these conditions, you use the Site or our Products from outside the United States, you are solely responsible for compliance with any applicable local laws.

MODIFICATION & TERMINATION OF THESE TERMS

We may modify these Terms from time to time. When we do, we will post the updated Terms and will note the date it was last revised. When you use the Site after those updates are posted, you are deemed to accept and agree to be bound by those changes. These Terms will continue to apply until terminated by either you or Koala-T time. If you choose to terminate your legal agreement with Koala-T time, you may do so by canceling Your Account on the Site. We may terminate these Terms, terminate your access to all or part of the Site or our Products, or suspend any user's access to all or part of the Site or our Products, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise. If we, or you, terminate your Products, you will not be entitled to any refund of any sum you have paid us. You acknowledge that Company shall not be liable to you or any third party for any termination of your access to the Site and/or our Products. All sections, which by their nature should survive the expiration or termination of these Terms, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement.

MISCELLANEOUS TERMS

Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms is deemed invalid, illegal, or unenforceable, such provision will be deemed amended to conform to applicable laws and the remainder of the Terms shall remain in full force and effect to the fullest extent permitted by law. Your use of the Site and our Products is subject to our Terms and Conditions and Privacy Policy. These Terms and the Privacy Policy represent the full understanding and agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous oral or written communications with respect to the subject matter. The relationship between you and Koala-T time and/or any other Licensor is that of independent contractors and nothing herein shall be deemed or construed to create any other type of relationship. You may not assign this User Agreement.