Terms and Conditions
Please read these Terms and Conditions before accessing our website. By using and accessing any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, the you may not access the website or use any services.
Throughout the site, the terms “we”, “us” and “our” refer to KoahBerry. KoahBerry offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The information contained in this Web site is, to the best of our knowledge, true and complete. All suggestions, advice, or tips found herein do not include guarantees on the part of KoahBerry, nor do we accept any liability connected with the use of the information contained in this site. By using this site, you accept ALL terms of the following Terms and Conditions and understand that your use is at your own risk. This user agreement and any disputes arising out of or related to the site shall be governed by, and construed and enforced in accordance with, the laws of the State of Oregon.
You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to replace, change, or update any part of these Terms and Conditions by posting to our website. Your continued access and use of our website following the posting of any changes to these Terms and Conditions constitutes acceptance of the changes.
By purchasing something from KoahBerry/and or visiting our site, you engage in our Terms and Conditions and agree to be bound by the following terms and conditions. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Access to and use of this Site is subject to the terms and conditions and all applicable laws and regulations, including laws and regulations governing copyright and trademark. By accessing and using this site, you accept without limitation, all the terms and conditions. The materials used and displayed on this site, including but not limited to text, photographs, graphics, names, logos, trademarks and service marks, are the property of KoahBerry or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of KoahBerry or the appropriate affiliate.
You may not use our products for any unauthorized purpose or for anything illegal. You are prohibited to use this site or its content to submit false or misleading information, spam, for any obscene or immoral purpose, to collect or track personal information on others. You are prohibited to use this site or its content to abuse, harm, slander, insult, harass, defame, intimidate, discriminate based on gender, disability, race, religion, age, ethnicity, sexual orientation, or national origin. KoahBerry reserves the right to terminate your use of the website or any related website for violating any of the prohibited uses.
The site contains information, facts and opinions from various individuals and organizations. KoahBerry cannot be responsible for the advice offered by users or any information contained on any of the associated sites linked from this site. KoahBerry nor its affiliates endorse or are responsible for the accuracy or reliability of any opinion, advice or statement on the site. KoahBerry is not responsible if information made available on this site not accurate, complete or current. Any reliance on the material on this site is at your own risk. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. KoahBerry reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEB SITE.
Prices for our products are subject to change without notice. KoahBerry reserves the right at any time to modify or discontinue a product or service without notice at any time. KoahBerry reserves the right to limit the quantities of any products or services that we offer. We are not liable to you or to any third-party for any modification or price change. KoahBerry reserves the right but are not obligated, to limit the sales of our products or services to any person or geographic region. Any offer for any product or service made on this site is void where prohibited. KoahBerry reserves the right to discontinue any product or service at any time. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. KoahBerry does not warrant that the quality of any product or service will meet your expectations. We do not warrant the information or that errors will be corrected. Your use of such web sites is at your own risk. This site is provided on an "as is" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. KoahBerry nor its affiliates endorse or are responsible for the accuracy or reliability of any opinion, advice or statement on the site.
KoahBerry does not guarantee, warrant or represent that your use of our service will be uninterrupted, timely, secure, or error free. All products and services delivered to through KoahBerry are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all merchantable quality, durability, title, implied warranties or conditions of merchantability, and non-infringement.
KoahBerry reserves the right to refuse any order you place with us. This right to refuse may include orders placed under the same customer account, same credit card, or orders that use the same shipping or billing address. In the event that we make a change or cancel an order, we will attempt to notify you by email, phone number, or billing address at the time the order was made. KoahBerry reserves the right to limit or prohibit orders that appear to be placed by distributors, resellers, or dealers. You agree to provide complete, accurate and current purchase and account information for all purchases made at KoahBerry. You agree to promptly update information, email address, credit card numbers and expiration dates on your account, so that we can complete your transaction and contact you as needed.
If you send certain specific submissions as in suggestions, plans, proposals, creative ideas, other materials, whether online, by postal mail, by email, or otherwise, you agree that KoahBerry may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. KoahBerry shall be under no obligation to pay compensation for any comments, respond to any comments, or maintain any comments in confidence. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You agree to indemnify, defend and hold harmless KoahBerry and our parent, licensors, service providers, employees, subsidiaries, affiliates, suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Please review third-party’s policies and practices and make sure you understand them before you engage in any transaction. KoahBerry may include materials or content from third-parties. Certain third-party links may direct you to third-party websites that are not affiliated with us. Complaints, concerns, claims, or questions regarding third-party products should be directed to the third-party. KoahBerry is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have liability or responsibility for any third-party materials, websites, services, or products of third-parties. KoahBerry is not liable for any damages or harm related to the purchase of services, content, use of goods, resources, or any other transactions made in connection with any third-parties websites.
These Terms and Conditions are in effect unless terminated by either you or us. Notify KoahBerry if you no longer wish to use our services, or when you cease using our website, and that will terminate these Terms and Conditions. We also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, as well as deny you access to our services, if we suspect you have failed to comply with any term or provision of the Terms and Conditions.
The failure of us to exercise or enforce any right of these Terms and Conditions shall not constitute a waiver of such provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Terms and Conditions constitutes the entire agreement and understanding between you and us and govern your use of the Terms and Conditions, superseding any prior contemporaneous agreements, proposals and communications, whether written or oral, between you and KoahBerry. Including but not limited to, any prior versions of the Terms and Conditions. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.