TERMS OF USE

 

Effective: Aug 1, 2019

 

WELCOME TO TASTEKOKU.COM. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

 

This Website is provided for your information and entertainment, and we hope you enjoy using it. By using this Website, you agree to be bound by these terms and conditions as these terms and conditions may be changed from time to time (“Terms and Conditions”). These Terms and Conditions apply to your use of Kokus, Inc. websites, including www.tastekoku.com.  Please browse the website and make use of its features, but be aware that your use of this Website is subject to these Terms and Conditions and to our Privacy Policy, and to any additional rules that we may post on our Website.. If you do not agree to these Terms and Conditions, please do not use this Website. Your continued use of this Website reaffirms your agreement to strictly abide by the Terms and Conditions.

 

1.  Ownership and Operation of Website.

This Website belongs to Kokus, Inc., who may, in its sole discretion and at any time and without notice, modify or discontinue this Website or specific portions of it. The Website and its contents, such as software, graphics, logos, text, button icons, images, and audio clips, as well as the compilation of all content on this Website, is the property of Kokus, Inc. and is protected by copyright and other intellectual property laws. All software used on this site is the property of Kokus, Inc. or its software suppliers and is protected by copyright and other intellectual property laws.

 

2.  Personal Use of Website.  Kokus, Inc. owns the copyright for all materials appearing on this Website or has a valid right from a third party to use materials on this website. Kokus, Inc. also owns or has a valid right to use all trademarks, service marks, and trade names used on this Website. No part of the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Kokus, Inc.’s copyright and other proprietary rights. The use of any such material on any other website or computer network without Kokus, Inc.’s written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this Website in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by, is strictly prohibited.

 

2.  Geographic Website Use.  Kokus, Inc. controls and operates this Website from the state of New York. Therefore, this Website is intended to promote only those Kokus, Inc. products that are sold in the United States and its territories. Kokus, Inc. makes no representation that materials in this Website or the products described in this Website are appropriate or available for use in other locations. If you access this Website from outside the United States, be advised this Website may contain references to products and services that are not available or are prohibited in your country.

 

3.  Disclaimer of Warranty for Website Materials and Operations.  The materials in this Website (including any graphics, software, recommendations or other materials) and any materials made available through this Website are provided to you: “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Kokus, Inc. MAKES NO WARRANTY REGARDING THE OPERATION OF THIS WEBSITE OR ANY INFORMATION OR OTHER CONTENT ON IT, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE. KOKUS, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OR INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THIS WEBSITE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Kokus, Inc. does not guarantee and makes no warranty that the features and functions contained in the Website will be uninterrupted or error-free, that this Website or its server will be free of viruses or other harmful components, or that defects will be corrected even if Kokus, Inc. is aware of them. You (and not Kokus, Inc.) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting or using this Website.

 

4.  Limitation of Liability. Under no circumstances shall Kokus, Inc. be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this Website or any materials in this Website, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this Website or information available in this website.

 

Kokus, Inc. shall not be liable even if Kokus, Inc. or a Kokus, Inc.  authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, or other harmful component. IN NO EVENT SHALL KOKUS, INC.’s TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

 

5.  Applicable Law and Jurisdiction. These Terms and Conditions and any disputes arising under or related to these Terms and Condition (whether for breach of contract, tortious conduct or otherwise) will be governed New York State law, without reference to conflicts of law principles. You agree that any legal actions, suits or proceedings arising out of these Terms and Conditions (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively New York, and you hereby accept and submit to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions and/or your use of any of Kokus, Inc.’s websites. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions and/or your use of any of Kokus, Inc.’s websites.

 

6.  Severability and Entire Agreement. If any provision of these Terms and Conditions shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible and the remainder shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions, including our Privacy Policy, constitute the entire agreement between you and Kokus, Inc. with respect to your access to and use of this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Kokus, Inc. with respect to this Website. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to your use of this Website.

 

7.  No Waiver.  No failure on the part of Kokus, Inc. to enforce any part of these Terms and Conditions shall constitute a waiver of any of Kokus, Inc. rights under these Terms and Conditions whether for past or future actions on the part of any person. Neither the receipt of any funds by Kokus, Inc. nor the reliance of any person on Kokus, Inc. actions shall be deemed to constitute a waiver of any provision of the Terms and Conditions. Only a written waiver signed by an authorized representative of Kokus, Inc. shall have the legal effect of waiving any provision contained in these Terms and Conditions.

 

8. Minors. This Website is for a general audience that is not designed nor intended to collect personal information from children under the age of 18. Kokus, Inc. does not knowingly collect personal information from anyone under the age of 18. We ask that parents supervise their children while online.

 

9. Privacy. For information on how Kokus, Inc. uses and protects the personal information you may provide on this Website, see our Privacy Policy.