Thank you for visiting kulaBrands.com, kulaFunded.com, or Shopkula.com (collectively, the "Sites" and each a "Site"). This Terms of Service Agreement (the "Agreement") between you and kulaBrands, LLC (the "Company") is a legally binding contract that governs your use of the Site and access to the services therein. Please note that if you register as a member of any of the Sites (a "Member"), you will additionally be bound by the Company's Member Agreement, which may be found on the appropriate registration page. As used in this agreement, "person" means any individual person, entity, business organization, or governmental agency.
The Company reserves the right to change, modify, or update this Agreement at any time by replacing this document on the Site. You agree to be bound by the most recent version of this Agreement as available on the Site.
Effective Date: November 9, 2016
Use of Site
- The Company requires that you register as a Member to enjoy the full benefits of the Sites. You may need to register individually on each Site for access. By registering as a Member or accessing any Site in any way, you represent and warrant that:
- you are 18 years or older;
- the Site and its services are permitted in your jurisdiction;
- you have the capacity to enter into legally binding contracts
- all information that you submit to the Site in any way, including Member registration information, is and will remain accurate, complete, and truthful; and
- you will not use the Site to (1) harass, intimidate, defame, or harm on other person; (2) promote commercial interests other than those approved by the Company; (3) scrape, crawl, index, harvest, decompile, or reverse engineer any portion of the Site; (4) use the information contained on the Site to compete with the Company in any way; (5) circumvent the security measures of the Site; (6) violate the intellectual property or other rights of any person, or (7) violate any law, regulation, or contract to which you are a party. In addition, you will not assist any other person in performing any of the foregoing
- By registering as a Member of the kulaBrands.com Site, you agree to pay the one-time membership fee as indicated on the checkout page of the registration form. You agree that, despite payment of the fee, your access to the Sites and your Member Account may be suspended, without any refund, credit, or offset, pursuant to Section 1(b) of this Agreement.
- The Company reserves the right to terminate your access to any Site, including your Member Account, at any time for violating any provision of this Agreement or the Company's Member Agreement, incorporated herein by reference.
- Certain Sites may allow you to make purchases. By making any purchase on any Site, you agree that the Company may charge your credit card or other submitted payment information for the price listed on the Site for the product or service you select.
- Prices and availability are subject to change with or without notice.
- The Company has a 30-day refund policy for purchases on Shopkula.com. For Membership, the Company has a 6-month money back guarantee. Any payments paid within that 6 month period will be returned upon cancellation of Membership if the Member requests to cancel within that time period.
- Intellectual Property
- The Sites, and all content available on the Sites, including (but not limited) to, content, text, photographs, videos, software, images, audio, code, and algorithms (collectively, the "Content"), are copyrighted under U.S. copyright and other laws by the Company or its licensors. "kulaBrands," "kulaFunded," "Shopkula," "kula," and the names and logos used in connection therewith are trademarks of the Company. In addition, certain elements of the Content are protected by U.S. patents or patents pending. You will not copy, share, transform, sell, license, or otherwise distribute any of the Content or any derivatives thereof without the express written permission of the Company. You acknowledge that the Company has in no way licensed the Content to you for your own use
- You agree not to use any of the Sites to transmit, share, or post anything which may be in violation of the intellectual property rights of any other person. You represent and warrant that you are the owner of all information you transmit to the Sites.
- THE COMPANY PROVIDES THE SITES AND ALL OF THE COMPANY'S SERVICES FREE FROM ANY AND ALL GUARANTEES, REPRESENTATIONS, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION), WARRANTIES FITNESS FOR ANY PURPOSE, MERCHANT ABILITY, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS. THE COMPANY DOES NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT MAY BE AVAILABLE.
- THIS SITES AND ALL OF THE COMPANY'S SERVICES ARE PROVIDED “AS IS,” AND "AS AVAILABLE." YOU AGREE THAT YOU MAY USE THE SITES AND RELY ON THE INFORMATION CONTAINED THEREIN SOLELY AT YOUR OWN RISK.
- MEMBERS OF THE SITES MAY, AS INDEPENDENT CONTRACTORS, PROVIDE INFORMATION ABOUT THE SITE OR THE COMPANY'S SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY INFORMATION PROVIDED BY ANY MEMBERS. YOU AGREE THAT ANY MEMBER MAKING REPRESENTATIONS REGARDING THE SITES OR THE COMPANY DOES NOT HAVE AGENCY TO DO SO AND IS IN NO WAY AUTHORIZED TO MAKE REPRESENTATIONS FOR THE COMPANY.
- PURSUANT TO THE MEMBER AGREEMENT, MEMBERS MAY HAVE THE OPPORTUNITY TO GENERATE INCOME THROUGH THEIR RELATIONSHIP WITH THE COMPANY. THE FINANCIAL SUCCESS OR FAILURE OF ANY MEMBER DEPENDS UPON HIS OR HER INDIVIDUAL EFFORTS. THE COMPANY MAKES ABSOLUTELY NO GUARANTEES OR PROJECTIONS OF ACTUAL OR ANTICIPATED EARNINGS.
- IN NO EVENT WILL THE COMPANY OR ITS OWNERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AFFILIATES (COLLECTIVELY, "AFFILIATES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES OF THE COMPANY.
- Account Security
- The Security of our Members is very important to the Company. You agree to protect your Member username and password and to keep both confidential at all times. If you believe there has been a breach of your Member account, please contact us immediately. You agree to be solely responsible for all actions undertaken by your Member account.
- You agree to indemnify, defend, and hold harmless the Company and its Affiliates from and against any loss, liability, obligation, or claim, made by any third party or other Member due to, or arising out of, your breach or threatened breach of this Agreement, your use of any of the Sites, the Company's services, or your violation of any statute, regulation, ordinance, code, or existing contractual duty. The Company may, in its discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
- Electronic Disclosure
- You agree to receive all communications and documents from the Company, including this Agreement, the Member Agreement, and all other notices, agreements, disclosures, or other information, from the Company electronically. The Company may provide all such communications and documents either by posting them on the Sites (as applicable) or by transmitting them to the email address you have on record with the Company. If your email address or other contact information changes, you agree to contact us immediately to provide updated and accurate information.
- This Agreement shall be governed exclusively by the law of the state of Arizona, without regard for any conflict of laws provisions. Any dispute arising under, or related to, this Agreement or use of the Sites or the Company's services shall be brought only in the state or federal courts of Maricopa County, Arizona.
- If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect to the maximum extent possible.
- Any delay or failure of the Company to exercise or enforce any right or provision of this Agreement shall not be deemed an acquiescence or waiver of rights.
- You may contact the Company with any inquiries by filling out the support form on any site, live chat or by calling 928-466-4141 or 855-585-2345.