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Terms and conditions of use

Welcome to konusbrand.com (including websites located at www.konusbrand.com, collectively, “Site”).  

KONUS (including any of its subsidiaries or affiliates, collectively, “KONUS,”"KONUSBRAND", “we,” “us” or “our”) provides this Site as a service to its customers.

 

These terms and conditions (“Terms”) govern and apply to anyone accessing or using the Site (“users,” “you” or “your”).

Please note that your use of our Site constitutes your agreement (the “Agreement”) to follow and be bound by these Terms.  If you do not agree to these Terms,

please do not use this Site.

 

We reserve the right to update or modify the Terms at any time without prior notice.  

Your use of the Site following any such updates or modifications constitutes your agreement to follow and be bound by the Terms as updated or modified.

For this reason, we encourage you to review the Terms whenever you use this Site.

 

 

Site Contents

 

All of the contents you see and hear on the Site (“Content” or collectively “Contents”), including, but not limited to, all of the page headers, images, illustrations,

graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held

by KONUS or by third parties who have licensed their materials to KONUS.  

KONUS is a federally registered trademark and the Site is copyrighted as a collective work under U.S. copyright laws.

 

The Contents of the Site are intended solely for the personal and noncommercial use by the users of our Site.

Users may download, print or store selected portions of the Contents for personal and noncommercial use, provided users

(1) do not copy or post the Content on any network computer or broadcast the Content in any media and

(2) do not modify or alter the Content in any way, delete or change any copyright or trademark notice.

 

No right, title or interest in any Content is transferred to you as a result of any such usage.  

KONUS reserves complete title and full intellectual property rights in any Content you download, reproduce, print, redistribute or store from this Site.  

As such, except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform

or create derivative works from the Content without first obtaining written permission from KONUS.

 

 

User Comments

 

All comments, feedback, postcards, suggestions, ideas, and other submissions (collectively, the “Comments”) disclosed, submitted

or offered to KONUS on this Site or in connection with your use of this Site shall constitute an assignment of all worldwide rights, titles and

interests of any Comments and shall be and remain KONUS property.  

KONUS will own exclusively all such assigned rights, titles and interests and shall not be limited in any way, commercial or otherwise.  

KONUS is and shall be under no obligation to

(1) maintain any Comments in confidence;

(2) pay to user any compensation for any Comments; or

(3) respond to any user Comments.

 

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or

proprietary rights. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.  

You are and shall remain solely responsible for the content of any Comments you make.

 

 

Use of Site

 

Harassment in any manner or form of the Site, including via email, chat or by obscene or abusive language is strictly forbidden.  

Impersonation of others, including a KONUS or other licensed employee, host, or representative as well as other members or visitors of the site is prohibited.  

You may not upload to, distribute or otherwise publish through this Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or

publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or

which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or

become members of any other commercial online service or organization.

 

 

Third Party Links

 

In an attempt to provide increased value to our users, KONUS may provide links to various third-party websites.  However, even if affiliated with KONUS,

KONUS has no control over the linked sites, all of which have separate privacy and data collection practices independent of KONUS.

KONUS is not responsible or liable for these independent policies or actions, privacy practices or the content of such websites.  

The linked sites are only for your convenience and therefore you access them at your own risk.

 

 

Terms of Sale

 

Offer / Acceptance

By placing an order on the Site, you are

(1) offering to purchase a product,

(2) representing that you are of legal age to form a binding contract and

(3) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided.

 

The receipt by you of an order confirmation does not constitute KONUS’s acceptance of an order.  We retain the right to refuse any request made by you.

Prior to KONUS’s acceptance of an order, verification of information may be required.

KONUS reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of

an order confirmation from KONUS, for any reason whatsoever.

KONUS reserves the right to limit the number of items ordered and to refuse service to you without prior notification.

 

Typographical Errors

 

In the event a KONUS product is listed at an incorrect price due to typographical error or systems error, KONUS shall have the right to refuse or

cancel any orders placed for the product listed at the incorrect price.  KONUS shall have the right to refuse or cancel any such orders whether or

not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is canceled,

KONUS shall issue a credit to your credit card account in the amount of the incorrect price.

 

Pricing Policy / Colors

 

KONUS, through our Site, is committed to offering convenience, service and product availability online at the same compelling prices

as our affiliate KONUS stores.  At the same time, KONUS reserves the right to change any features, specifications, and

prices of products at any time without notice to you.  As such, while merchandise offered on our Site will usually be priced the same

as merchandise offered at our affiliate KONUS stores, in some cases, including but not limited to promotional events, prices may differ.

Additionally, we have done our best to display, as accurately as possible, the colors of the products shown on the Site.  

However, because the colors you see will depend on external circumstances, including but not limited to your monitor setting,

we cannot guarantee that your monitor’s display of any color will be accurate.

 

 

Enforcement of Terms

 

By accessing and using the Site, you agree that your access to and use of the Site is subject to these Terms, as well as all applicable laws, as governed and

interpreted pursuant to the laws of the State of California, United States of America.  

You also agree that monetary damages may not provide a sufficient remedy for KONUS should you violate the Terms and therefore consent to injunctive or

other equitable relief for such violations. All proceedings relating to the Site, these Terms of Use, or any transaction,

including the sale of any products, using this Site, shall be brought only in the state or federal courts of Los Angeles County, California, USA, and

you.

 

 

 

DISCLAIMER AND LIMITATION OF LIABILITY

 

 

KONUS ASSUMES NO LIABLITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT, PRODUCTS,

 INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SITE OR PERSONAL INJURY OR

PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR

ANY THIRD PARTY WEBSITES OR PRODUCTS.

 

YOU EXPRESSLY UNDERSTAND THAT THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND

WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,

KONUS DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS OF A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  

 

KONUS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,

THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR

OTHER HARMFUL COMPONENTS.  ADDITIONALLY, KONUS DOES NOT MAKE ANY WARRANTIES OR

REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY,

 USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

 

KONUS SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,

THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS.

 

 

Indemnification

 

You agree to indemnify, defend, and hold harmless KONUS, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”)

from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or

any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.

 

Denial of Access

 

These Terms of Use constitute an agreement that is effective unless and until terminated by KONUS.

If in KONUS's sole discretion you fail to comply with any term or provision of this agreement, KONUS may deny you access to the Site.

In the event of denial of access by KONUS, you are no longer authorized to access the Site, and

the restrictions imposed upon you with respect to material copied or downloaded, and

the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force.

These Terms of Use constitute the entire agreement between you and KONUS relating to the subject matter addressed herein.