1. USE OF SERVICES
You may not download or copy any information, service or content appearing on the Services for the benefit of a third party, or use data mining, robots, or similar data gathering and extraction tools with our Services.
The Services may allow visitors to post reviews, comments, and/or other communications. You agree that you will not use the Services, or any of its content or faculties for any illegal or prohibited purpose, including but not limited to, contributing content that is obscene, threatening, defamatory, an invasion of privacy, infringing of intellectual property rights or publicity rights of others, or otherwise harmful to third parties or objectionable. You agree that any content you contribute using the Services will not consist of or include software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of content considered to be “spam” or commercial electronic messages that are unsolicited. You are also prohibited from accessing data not intended for you, attempting to breach our security measures, interfering with the use of or access to the Services, attempting to decipher, decompile, disassemble or reverse engineer any software used by or on our Services, or using any engine, software, tool or other mechanism, including without limitation, browsers, spiders or robots, to navigate or search our Services.
2. INTELLECTUAL PROPERTY OWNED BY KonaLabsTM
The material and content made available through the Services, including but not limited to, newsletters, emails, articles, text, information, graphics, artwork, photographs, logos, icons, audio clips, video clips, and data compilations, is either owned by KonaLabsTM or used with authorization by its respective owners.
The Services and all of the content owned by KonaLabsTM are protected by U.S. and international copyright laws and may not be copied, modified, reproduced, posted, downloaded, transmitted, displayed, broadcast, or distributed in any way, in whole or in part, without the prior express written consent of KonaLabsTM.
Content owned by third parties is in the control of its respective owners. KonaLabsTM is not authorized to license any third party content or to act on behalf of any third parties. For content not owned by KonaLabsTM, you must contact the content owner directly regarding use of the content and potential licensing opportunities.
The trademarks, service marks, trade dress, and logos on the Services are owned, controlled and/or licensed by KonaLabsTM and are protected by various intellectual property and unfair competition laws. All other intellectual property and company names used on the Services that are not owned by KonaLabsTM are the property of their respective owners.
3. COPYRIGHT AND DMCA TAKEDOWN PROCEDURE
KonaLabsTM respects the intellectual property of others. If you believe your copyrighted work is accessible on the Services and has been copied or used in a way that constitutes copyright infringement, you may notify our agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). In order for your complaint to be valid under the DMCA, you must provide the following information when providing a notice of copyright infringement:
1) Identification of the copyrighted work claimed to have been infringed;
2) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
3) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed;
4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and an electronic mail address;
5) A statement that the complaining party “in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;” and
6) A statement that the “information in the notification is accurate” and “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
All of the above information must be submitted as a written, or emailed notification to the following Designated Agent:
- Ryan DeVerse, President
- Phone: (808) 345 0430
- Email: info@KonaLabs.com
- 4083 Sequoia St, San Diego, CA 92109
Please note that this procedure is exclusively for informing KonaLabsTM that your copyrighted material has been infringed.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES WHICH INCLUDE MONETARY DAMAGES, COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO PROSECUTION FOR PERJURY.
4. ELECTRONIC COMMUNICATIONS
By using the Services, or by sending us messages, you are consenting to receive communications from us electronically. We will communicate with you by email, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. THIRD PARTY AFFILIATES
The Services may provide links to third party websites and/or services such as Twitter, Facebook, and LinkedIn. KonaLabs.comTM takes no responsibility and assumes no liability for any content, warranties, representations, purchases, or any statements or activities made on or in connection any third party websites or services. KonaLabsTM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KonaLabsTM of the site.
6. YOUR ACCOUNT
The Services may provide a method for visitors to create an account allowing saving of payment method information and also a method to contribute to the site via comments, blog posts, communications, and other content. You are responsible for keeping your account confidential, maintaining password and/or login information, and for preventing access to your account by others. You agree to accept responsibility for all actions that occur under your account and/or login information.
7. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
The Services and any information, products, content, materials, and any services included on or made available to you through the Services are provided on an “as is” and “as available” basis.
KonaLabsTM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, ITS CONTENTS, OR THE PRODUCTS REFERENCED ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KonaLabsTM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES OFFERED IS AT YOUR SOLE RISK.
IN NO EVENT WILL KonaLabsTM BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, OR FROM ANY INFORMATION, PRODUCT, CONTENT, OR MATERIAL INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH The services, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY shall apply to the extent not prohibited by applicable law. 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.
8. ARBITRATION CLAUSE AND CLASS ACTION WAIVER
9. GENERAL PROVISIONS
10. EFFECTIVE DATE
11. Contact Information
- KonaLabs LLC
- 4083 Sequoia Street, San Diego, CA 92109
- Email: info@KonaLabs.com
- Phone: 808.345.0430