Terms of Use

Thank you for visiting KonaLabs.com Please take a few minutes to carefully review the information below which details our Terms of Use applicable to the use of our website and affiliated mobile application (“Services”) which are owned and operated by KonaLabs LLC. (“KonaLabsTM”).

By accessing or using our Services, you are agreeing to follow these rules and be bound by these Terms of Use. If you do not agree with any of the provisions in these Terms of Use, please do not use the Services. These Terms of Use may change from time to time without prior notice. Visitors are encouraged to periodically review the Terms of Use for updates.

1. USE OF SERVICES

Subject to your compliance with these Terms of Use, KonaLabsTM allows you to access and make personal and non-commercial use of the Services. You may not use any aspect of the Services, including without limitation, providing links to the Services or using any content or information available on the Services, emails, or newsletters, for any resale, commercial, or public use, without the prior express written approval of KonaLabsTM. You may not make any copies or derivative uses of any content or information available on the Services without the prior express written approval of KonaLabsTM. 

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.

All rights not expressly granted to you in these Terms of Use are reserved and retained by KonaLabsTM.

By using the Services, you certify that you are either (a) 18 years of age or older, or (b) you are at minimum 13 years of age and are using the Services under the permission and supervision of a parent or legal guardian who is aware of these Terms of Use and has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you hereby agree to be fully responsible for the child’s use of the Services, including any and all legal liability and/or financial charges that such child may incur.

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.

Nothing in these Terms of Use or any other language on the Services is intended to create a license or give you any right to use any of the intellectual property or content on the Services.  KonaLabsTM respects the intellectual property rights of others and actively enforces its own intellectual property rights to the fullest extent of the law.

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.

If you are dissatisfied with the Services or any of its contents, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Services.

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.

To the residents of New Jersey, your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act. The provisions in the Limitations of Liability and elsewhere in this Terms of Use and our Privacy Policy may be different than the rights you might enjoy under the laws of New Jersey. Your rights regarding the Limitations of Liability and other provisions in our Terms of Use and Privacy Policy will be governed by applicable New Jersey law and not by the Terms of Use and Privacy Policy to the extent that the provisions are inconsistent with New Jersey law.

8. ARBITRATION CLAUSE AND CLASS ACTION WAIVER

This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act, and you agree that this section satisfies the writing requirement of the Federal Arbitration Act. We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any data or information you may enter into the Services or that we may gather in connection with such use or interaction, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, you agree to binding arbitration administered by JAMS. The JAMS Arbitrator shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations.

9. GENERAL PROVISIONS

Indemnification: You agree to indemnify and hold harmless KonaLabsTM for any violations of these Terms of Use or of the Privacy Policy .

Severability: If any of the provisions under these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Captions: The captions contained in these Terms of Use and in the Privacy Policy are for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions of these Terms of Use or of the Privacy Policy .

Worldwide Applicability: The provisions of these Terms of Use are to apply worldwide.

10. EFFECTIVE DATE

The effective date of these Terms of Use is March 15, 2018. We may update the Terms of Use at any time in our sole discretion. When it is updated, the updated Terms of Use will be made available on the Services for your convenience.

11. Contact Information

If you have any questions about these Terms of Use or any other concerns related to the Services or KonaLabsTM please contact us at:

  • KonaLabs LLC
  • 4083 Sequoia Street, San Diego, CA 92109
  • Email:  info@KonaLabs.com
  • Phone: 808.345.0430

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