Agreement. This Site is maintained as a service to our customers. By using this Site, you agree that you have read, understood, and agree to be bound by the following terms and conditions of use. You further agree that you are at least 18 years old or of legal age in your applicable jurisdiction and able to enter into a legally binding contract with the Company. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site. Please also note this Agreement may be modified at any time by the Company, with or without notice. Any such modifications shall be effective immediately. Your continued use of any part of this Site or any service constitutes your acceptance of such changes to this Agreement. You can view the most recent version of these terms at any time at https://koipondhq.com/terms-of-use/.
User Representations. By using the Site, you represent and warrant that: (1) you have the legal capacity to do so and you agree to comply with this Agreement; (2) you agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; 4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Ownership. All content included on the Site is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary laws. The Site and the Company own and retain all proprietary rights to the Site, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit, modify, create derivative works of, republish, transmit, sell, exploit or distribute the proprietary information of the Site and the Company. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. By posting information to the Website and the Company, you represent that you have the right to grant permission for use by the Website and the Company.
Trademarks. KOIPONDHQ.COM and KOI POND HQ are trademarks of Company. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Hyperlinking. This Site may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such other sites are provided as a service to you and are not sponsored by, endorsed or otherwise affiliated with this Site or Company. Company has not reviewed every page of these other sites and is not responsible for the content of any linking sites. Any links made directly from Site to another web page should be accessed at your own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any other such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.
Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.
Non Reliance. Opinions, advice, statements or other comments on Site should not necessarily be relied upon and are not to be construed as professional advice from Site or Company. Site and Company do not guarantee the accuracy or completeness of the information provided and are not responsible for any loss resulting from your reliance on such information.
Responsibility for Use of Site. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you connect with online by virtue of the services provided on the Site. You understand that the Site and the Company do not perform psychological testing or background checks on the individuals who may use the Site. You understand and agree that you must take all reasonable precautions before meeting others through the Site, which includes, but is not limited to: exchanging email first before giving out any personal information and meeting in a public place.
Indemnification. You agree to indemnify, defend and hold harmless Company and our partners, employees, affiliates, agents, licensors and service providers from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable attorney's fees, related to your use of the Site and/or your violation of this Agreement.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. BY ACCESSING THE SITE AND ITS CONTENT, YOU ASSUME THE RISK OF ANY SUBSEQUENT ACTIONS YOU CHOOSE TO TAKE AS A RESULT OF THE INFORMATIONAL OR EDUCATIONAL MATERIALS PROVIDED TO YOU. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE IS TO DISCONTINUE USING THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO DISCONTINUE USING THE SITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated on this Site, please provide a notice, as set forth in the Digital Millennium Copyright Act of 1998, containing all of the following information to our Copyright Agent: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) A description of the copyrighted work that you claim has been infringed; (3) A description of where the allegedly infringing material is located on the Site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement on the Site is LB Legal Creative, LLC, who can be reached by mail at LB Legal Creative, LLC, 13611 S. Dixie Highway, #484, Miami, FL 33156.
Right to Monitor. The Site and Company reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Site.
Feedback, Comments and Testimonials. With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the Services or otherwise, for the purposes of marketing or promoting the Company’s services.
No Warranties. The Site and the Company provide the Site on an “as is” basis and do not make any warranty, express, implied, limited or other, with respect to the services provided. The Site and Company do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
Jurisdiction and Applicable Law. You agree that the laws of the state of Colorado, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and Company.
Dispute Resolution. If the Parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Douglas County, Colorado. This binding arbitration will be the sole remedy in the event of a dispute between you and Company. The parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.
Severability. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. Company’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
Termination. Company may terminate this Agreement at any time, with or without notice, for any reason.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Violations. Please report any and all violations of this Agreement to the Company as follows:
LB Legal Creative, LLC
13611 S. Dixie Highway, #484
Miami, FL 33176