Terms & Conditions | Kodaco Apparel

Last Updated: October 4th, 2018

GENERAL
Welcome to the website (the "Site") of Kodaco Apparel Co. ("Kodaco Apparel", "us", "we" or "our"). Any person accessing or using the Site is referred to as "you".
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS APPLY TO YOU AND YOUR ACCESS AND USE OF THIS SITE AND/OR PURCHASE OF ANY PRODUCTS ON THE SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. WE RESERVE THE RIGHT TO REVISE THESE TERMS AT ANY TIME IN OUR DISCRETION WITHOUT PRIOR NOTICE TO YOU. WHEN WE MAKE REVISIONS, WE WILL POST THEM ON THE SITE AND THEY WILL BE EFFECTIVE IMMEDIATELY UPON POSTING AND WILL SUPERSEDE ALL PRIOR VERSIONS OF THESE TERMS. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF ANY REVISIONS SHALL CONFIRM YOUR ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS; THEREFORE, YOU SHOULD PERIODICALLY REVIEW THESE TERMS AND CONDITIONS TO BE AWARE OF ANY CHANGES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
PRIVACY
Please take a few moments to carefully review our Privacy Policy, which describes the collection, use and disclosure of personal information from users on the Site. By accessing or using the Site, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.
YOUR ACCOUNT
When you make a purchase from the Site, you may create an account as part of the checkout process, although an account is optional and you may checkout as a guest without creating an account. You may also create an account with the Site without making a purchase. To create an account, with or without a purchase, you will be required to provide your name, address, email address and phone number and you will be required to create a user name and password. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. By creating an account, you further agree to accept responsibility for all purchases and activities that occur under your account.
ORDERS; TERMS OF SALE; PAYMENT
By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.
When you send us your order, we may verify certain items before fulfillment of the order, such as your personal information, your payment information and your creditworthiness. Before accepting your order, we may also require additional information if you have not provided all of the information that we require to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order and submit it for shipment.
Please note, however, that your placement of an order does not necessarily assure that we will accept your order. We reserve the right, in our sole discretion, to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products offered; (c) change or update information in connection with any products offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.
If your payment method has already been charged for an order that is later modified or cancelled, Kodaco Apparel shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you.
Kodaco Apparel accepts the following methods of payment on the Site: Visa, MasterCard, American Express, Discover, Checks, Kodaco Apparel Gift Cards and Kodaco Apparel store credit. Please see Kodaco Apparel Gift Cards and Store Credit below for further details. By submitting your order, you represent and warrant that you are authorized to use the designated credit card or other method of payment used by you, and authorize Kodaco Apparel to charge your order (including applicable taxes and shipping and handling fees) to that card or payment method used by you. If the card or other payment method used cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
PRODUCT & PRICING INFORMATION
All prices and products advertised are subject to change. Although we take care to avoid errors on our Site, it may happen that the pricing information on the Site contains errors. We are not bound by our offer or any prices on the Site and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Site.
All prices (and associated costs of shipping and tax) displayed on the Site are quoted in U.S. Dollars ($). All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screen.
Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed prior to checkout.
SHIPPING AND DELIVERY
Please note that shipping dates, delivery dates, and time frames for processing returns and refunds are estimates only and not guaranteed. We can only fulfill domestic orders to home and office addresses. Kodaco Apparel does not ship internationally or to P.O. Box addresses.
We make every effort to ensure that all in-stock items are shipped within one (1) business day from completion of your order. In-stock items will ship same day if ordered by 3:00 PM ET.
Our standard shipping is Monday through Saturday, 9:00 AM ET - 3:00 PM ET. Standard shipping is typically via UPS, Federal Express or U.S. Postal Service and you should allow five (5) to eight (8) days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If you want expedited shipping, please select that option as your shipping choice at checkout.
All shipping charges are your responsibility, unless waived by Kodaco Apparel. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.
Orders are shipped FOB shipping point and title any product(s) purchased by you through the Site shall transfer from Kodaco Apparel to you upon our delivery to the shipping carrier. Kodaco Apparel is not responsible for any shipping delays or problems once the product has been sent to the shipping carrier.
If, for some reason, an item in your order is temporarily out of stock, we will back order that item for you and ship any remaining items in your order immediately. Items on back order will be shipped as soon as they are back in stock and you will not be charged for those items until they are actually shipped to you, along with applicable taxes and shipping charges.
RETURNS AND EXCHANGES[TLA1]
It is important to us that you are completely satisfied when you shop with us. If, after you have received any returnable product(s), you are not happy with what you ordered for any reason, you may return or exchange the product(s) within fourteen (14) days from the date of shipping. To initiate the return or exchange process, you must first obtain a return authorization number by calling us at (516) 368-9108 between the hours of 8:30 AM ET and 5:00 PM ET, Monday through Friday, or emailing us at customerservice@Kodacoapparel.com. All returnable items should be returned unused, in their original packaging and in salable condition. Your refund shall reflect the total amount you paid for the product(s) you are returning. However, you will not be refunded any original shipping costs you may have paid for the delivery of the product(s) to you.
If you are shipping to us from within the continental United States, you may choose to receive your refund back to your original method of payment (provided that you did not make your purchase using a Gift Card or Store Credit) or in the form of a Store Credit.
While most of our products can be returned, we cannot accept returns of Gift Cards or any items that are marked "Final Sale".
RECALL
You agree to cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s), at our sole expense. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.
INTELLECTUAL PROPERTY RIGHTS; CONTENT
Unless otherwise noted, the Site, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, and any other materials that appear as part of or on the Site (collectively, the "Content"), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Site and Content are owned, controlled and/or licensed by Kodaco Apparel. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on the Site may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.
Kodaco Aparel and all related names, logos, product and service names, designs and slogans are registered trademarks of Kodaco Apparel Co. or its licencors. Such marks cannot be used without the prior written permission of Kodaco Apparel.
Except as may be expressly permitted by Kodaco Apparel, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Site, or any related software. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Site, but only while accessing the Site.
While we attempt to be as accurate as possible, the Content may contain omissions, errors, or may be out of date. We do not represent or warrant that product descriptions, photographs, pricing or other Content is accurate, complete, current or error-free. Kodaco Apparel may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. If a product offered by Kodaco Apparel on the Site is not as described or pictured, your sole remedy is to return in it an unused condition for a refund, in accordance with our return policy stated above.
ACCESS TO AND USE OF SITE; ACCEPTABLE USE POLICY
We do not guarantee that the Site, or any Content on it, will always be available or uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Site without notice. We will not be liable to you if, for any reason, our Site is unavailable at any time or for any period.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.
ACCEPTABLE USE POLICY
By using the Site, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. By way of example (and not by limitation), you agree not to:
1. 1. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Site, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
  2. hack into the Site, the server on which the Site is stored, or any server, computer or database connected to the Site, or attack the Site via a denial-of-service attack or a distributed denial-of service attack;
  3. modify another Site so as to falsely imply that it is associated or affiliated with the Site;
  4. damage, disable, overburden, transmit any worms, viruses, trojans, logic bombs or other material of a destructive nature, or interfere with any other party's use and enjoyment of the Site;
  5. violate any applicable laws, rules or regulations in your jurisdiction;
  6. use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Site; or
  7. use the Site for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms and Conditions.
ACCOUNT SECURITY
If you create an account with the Site which requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
DMCA – COPYRIGHT COMPLAINT POLICY; INFRINGEMENT NOTIFICATION
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
- Notices of claims of copyright infringement on the Site should be emailed or mailed to our designated Copyright Agent as follows:
  Kodaco Brands LLC
  Attn: _Robert Constant, COO____
  405 RXR Plaza
  Uniondale, New York 11556
  or
  CustomerService@Kodacoapparel.com with the subject "Copyright Infringement Notice"
  We encourage you to consult an attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys' fees) if you make a false claim of copyright infringement.
  We will review and address all notices that comply with the requirements above and applicable law, including but not limited to the Digital Millennium Copyright Act of 1998.
REPEAT INFRINGERS
In accordance with applicable law, Kodaco Apparel has adopted a policy of terminating, in appropriate circumstances and at Kodaco Apparel's sole discretion, subscribers or account holders who are deemed to be repeat copyright infringes. Kodaco Apparel may also limit or restrict access to the Site and/or terminate the accounts of any users who are deemed by Kodaco Apparel to infringe any intellectual property rights of others, whether or not there is any repeat infringement, in Kodaco Apparel's sole discretion.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Kodaco Apparel, its members, officers, directors, employees, agents, licencors, suppliers, vendors, manufacturers and distributors (collectively, the "Kodaco Apparel Parties") from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees), arising from or in connection with: (a) your use of the Site; (b) any Content submitted, posted, or otherwise provided by you to the Site, any of the Kodaco Apparel Parties, and/or its agents, third party licencors or licensees, (c) your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or (d) your use of the Site or purchase of any products or services from the Site. Kodaco Apparel reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with Kodaco Apparel in asserting any and all available defenses.
DISCLAIMER; WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, CONTENT, PRODUCTS AND/OR SERVICES ON THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, KODACO APPAREL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KODACO APPAREL DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, KODACO APPAREL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE SITE, PRODUCTS, SERVICES, CONTENT, THE CONTENT OF ANY THIRD-PARTY SITE LINKED TO OR FROM THIS SITE, USER GENERATED CONTENT, SUBMISSIONS, INFORMATION, INFORMATION PROVIDED BY THIRD PARTY VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO FROM THE SITE.
KODACO APPAREL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICES, INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, PRODUCTS, SERVICES OR ANY THIRD PARTY SITE(S), PRODUCTS OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD PARTY SITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR ANY THIRD PARTY SITE(S) BY KODACO APPAREL OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY SITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF KODACO APPAREL) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KODACO APPAREL OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "KODACO APPAREL RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, PRODUCTS, MATERIALS, CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE SITE OR ANY THIRD-PARTY SITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST THE KODACO APPAREL RELEASED PARTIES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF ANY OF THE KODACO APPAREL RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE SITE, THE KODACO APPAREL RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS NOTED IN SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
THIRD PARTY PRODUCTS/VENDORS
Please note that if Kodaco Apparel has any third party products on the Site, these products are produced and manufactured by third party suppliers and not by Kodaco Apparel. As set forth in Sections 13 and 14 above, Kodaco Apparel is not responsible for any third party products or for the actions or inaction's of any third party vendors or suppliers. While Kodaco Apparel aims to ensure that all third party vendors and suppliers are honest and truthful when making representations regarding their products and/or any causes they claim to support and how, we cannot warrant or represent that the statements they make are truthful, complete or accurate. Please contact the relevant third party vendor or supplier if you have further questions regarding their products or causes.
GIFT CARDS & STORE CREDIT
Gift Cards:
Kodaco Apparel gift cards, physical and electronic,[TLA2] may be purchased on the Site (the "Gift Card") and may be redeemed towards the purchase of eligible items on the Site. Please treat your Gift Cards like cash -- we are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Purchases made with a Gift Card will be deducted from the redeemer's Gift Card balance and any unused balance will be available for future purchases. Purchase amounts that exceed the redeemer's Gift Card balance will require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancelable or exchangeable after purchase for cash, except in states where required by law. Gift Cards do not expire and we do not assess any service fees for non-use.
Gift Cards are subject to their terms and conditions and other restrictions, including but not limited to:
1. Gift Cards cannot be used to purchase other Gift Cards.
2. Coupons and other discounts or promotions may not be used to purchase Gift Cards.
3. Gift Cards are FINAL SALE and cannot be returned.
4. Gift Cards may only be applicable to purchase certain product(s) or services on the Site, or they may exclude the purchase of certain product(s) or services. Please see any applicable restrictions noted on your Gift Card or the applicable product(s) or promotion(s) for further details.
Store Credit:
Store credit for purchases made on the Site (the "Store Credit") may be redeemed towards the purchase of eligible items on the Site. Any available Store Credit you may have will be automatically applied towards your next purchase. We are not responsible if Store Credit is lost, stolen, destroyed or used without your permission. Please note that Store Credit is non-transferable. Purchases made with Store Credit will be deducted from your Store Credit balance, and any remaining unused balance will be available over for future purchases. Purchase amounts that exceed the redeemer's available Store Credit balance will require that the remaining balance due be paid with another acceptable payment method. Store Credit does not expire and we do not assess any service fees for non-use.
Kodaco Apparel reserves the right to refuse, cancel or hold for review any orders or customer accounts using a Gift Card or Store Credit or any Gift Card or Store Credit mistakenly issued in an incorrect denomination, to bill alternative forms of payment for suspected fraud in connection with a Gift Card or Store Credit, or to take any other action in connection with a violation of this Section 16.
Please note that Gift Cards/Store Credits and their redemption are each subject to change in the sole discretion of Kodaco Apparel, at all times in accordance with applicable law.
PROMOTIONS
Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
GENERAL LEGAL PROVISIONS
These Terms and Conditions are effective unless and until terminated by either you or Kodaco Apparel. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Site. Kodaco Apparel may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny you access to the Site, for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions.
These Terms and Conditions and your purchase of products from Kodaco Apparel through the Site shall be governed and construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under these Terms and Conditions shall be resolved exclusively by the state and/or federal courts of the State of New York, County of Nassau and/or the Eastern District of New York. By using the Site and/or purchasing products from the Site, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions and/or your purchase of products from Kodaco Apparel on the Site and you waive any claim of forum non conveniences or lack of personal jurisdiction that you may have.
If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. The failure of Kodaco Apparel to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
We may provide notice to you relating to the Site and/or these Terms and Conditions by sending an email to your last known email address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and Conditions and/or the Site must commence within one (1) year after the cause of action arises. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Kodaco Apparel's performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this these Terms and Conditions is in derogation of Kodaco Apparel's right to comply with law enforcement requests or requirements.
These Terms and Conditions (together with our Privacy Policy, which is expressly incorporated herein by reference and which can be accessed on this Site, and any other terms that may appear on the Site from time-to-time) contain the entire understanding between you and us with respect to your use and access of this Site and any product(s) you purchase on or through this Site, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. No representation, statement or inducement, whether oral or written, not contained in these Terms and Conditions (and any other terms that may appear on the Site from time-to-time) or the Privacy Policy shall bind any party to this agreement. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of Kodaco Apparel. No other representative has any authority to waive, alter, vary or add to these Terms and Conditions. Before using this Site, please read through all referenced documents carefully.