Terms and Conditions
Agreement between User and www.KoaWare.com
Welcome to www.KoaWare.com. The www.KoaWare.com website (the "Site") is comprised of
various web pages operated by KoaWare LLC ("Company"). www.KoaWare.com is offered to
you conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of www.KoaWare.com constitutes your agreement to
all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
KoaWare and www.KoaWare.com offer instant real estate marketing assets through saas
platforms. Products include, but are not limited to, Property Website creation and management,
Agent and Broker website creation and management, and a lead referral marketplace.
Privacy
Your use of www.KoaWare.com is subject to Company's Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.KoaWare.com or sending emails to Company constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Access and Use
Your Account
KoaWare will assign You a user ID and a password when You register. Your user ID and
password may only be used by You. You are solely responsible for maintaining and protecting
the confidentiality of Your user ID and password, and are fully responsible for all activities that
occur under Your user ID and password.
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that KoaWare is not
responsible for third party access to your account that results from theft or misappropriation of
your account. KoaWare and its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in its sole discretion.
Modifications to Service
KoaWare reserves the right to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that KoaWare will not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
Consent to Autodialed Text Message and Electronic Communications
Visiting KoaWare or sending emails to KoaWare constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
You agree that KoaWare may contact you by autodialed text messages and phone calls with
information about the Services, your account, and with marketing messages, even if your phone
number is on a do-not-call list. You are not required to provide this consent as a condition of
purchasing anything or using the Services. In the event you change or deactivate your mobile
telephone number, you agree to promptly update your KoaWare account information to ensure
that your messages are not sent to the person that acquires your old number.
Your Representation and Warranties
You represent and warrant that you are at least 18 years old and legally entitled to enter these
Terms, and that you have the authority and capacity to enter into and abide by these Terms.
You further agree and warrant that:
Your Information. All information that you provide to KoaWare, the Site, or through the
Services is true and accurate, and you will maintain that information up-to-date. You will provide
us with whatever proof of identity we may reasonably request. You will keep secure and
confidential your account password or any identification we provide you which allows access to
the the Site.
Legal Compliance. You will comply with all applicable state, federal, and local laws while using
the Site. You will not copy or distribute any content from the Site without written permission
from KoaWare.
Access and Use. You agree that no joint venture, partnership, employment, contractor or agency
relationship exists between you and KoaWare as a result of this agreement or use of the Site.You
may only access the Site using authorized means. You will not use the Site for any fraudulent
purposes or to cause nuisance, annoyance or inconvenience. It is your responsibility to ensure
you have the correct software and equipment for use with the Site. You will only use an access
point or data account that you are authorized to use. KoaWare reserves the right to terminate your
use of the Site and Services if you use an incompatible or unauthorized device.
Protection of Site and Users. You will not:
Create Internet "links" to the Site or "frame" or "mirror" any software on any other server or
wireless or Internet-based device.
Reverse engineer or access the Site (except as permitted by applicable law) in order to, build
a competitive product or service, build a product using similar ideas, features, functions or
graphics of the Site, or copy any ideas, features, functions or graphics of the Site.
Launch an automated program or script, including, but not limited to, web spiders, web
crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which
may make multiple server requests per second, or unduly burdens or hinders the operation
and/or performance of the Site.
Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws
through the Site.
Send or store through or on the Site infringing, obscene, threatening, libelous, or otherwise
unlawful or tortious material, including material harmful to children or in violation of third
party privacy rights.
Send or store through or on the Site material containing software viruses, worms, Trojan
horses or other harmful computer code, files, scripts, agents or programs.
Engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227
et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15
U.S.C. § 6101 et seq.; or any similar anti-spam, data protection, or privacy legislation in any
jurisdiction.
Interfere with or disrupt the integrity or performance of the Site or the data contained therein.
Attempt to gain unauthorized access to the Site or its related systems or networks.
Try to harm the Site in any way.!
Children Under Thirteen
Company does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.KoaWare.com only with
permission of a parent or guardian.
Conditions
User Conduct
You are solely responsible for all descriptions, pictures of items, listings, information, data, text,
software, music, sound, graphics, video, messages or other materials ("content") that you upload,
post, publish or display (hereinafter, "post") or otherwise transmit via the Services and Site, and
for all items that you sell or purchase via the Services and Site. The following are examples of
the kind of items, content and/or use that is illegal or prohibited by KoaWare. KoaWare reserves
the right to investigate and take appropriate legal action against anyone who, in KoaWare's sole
discretion, violates this provision, including without limitation, removing the offending items or
content from the Site, suspending or terminating the account of such violators and reporting you
to the law enforcement authorities. You agree to not use the Site to:
sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening,
abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic,
libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable;
(ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary
relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any
intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or
unauthorized advertising, promotional materials, commercial activities and/or sales, "junk
mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other
form of solicitation; (vi) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment; or (vii) in the sole judgment of KoaWare, is
objectionable or which restricts or inhibits any other person from using or enjoying the Site,
or which may expose KoaWare or its users to any harm or liability of any type;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the
Service or the Site by electronic or other means for the purposes of sending unsolicited
emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services other than those items intended to be
sold and purchased through the Site;
further or promote any criminal activity or enterprise or provide instructional information
about illegal activities; or!
FOR EVERY CREATION AND TRANSACTION THAT IS COMMENCED THROUGH OUR
SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING
THE STATEMENTS, SERVICE DESCRIPTIONS OR THE REPRESENTATIONS OF THE
OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE
SERVICE(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE
SAFE TRADING WHEN DEALING WITH OTHER USERS, OR OTHERWISE USING THE
SITE. AS STATED PREVIOUSLY, KOAWARE IS NOT RESPONSIBLE FOR THE ACTIONS
AND INTERACTIONS OF USERS AT ANY POINT OF THE TRANSACTION, OR USE OF
THE SERVICES.
User Interaction: User authentication on the Internet is difficult. KoaWare may attempt, but is
under no obligation, to independently confirm a user's purported identity.
Service Listing Restrictions: KoaWare prohibits the listing or sale of any service that is illegal
to sell under any applicable law, statute, ordinance, or regulation.
Selling Services: You must have the legal authority to sell the services and/or objects that you
are listing or marketing for sale through the Site. You must describe your service and all terms of
sale in your listing truthfully, accurately and reasonably completely.
Buying: If you agree to purchase a service through KoaWare and confirm the transaction, you
are obligated to complete the transaction in accordance with the terms and conditions specified
by the User and KoaWare, unless the transaction is prohibited by law or these Terms of Service.
Payment Terms
General
Each User agrees to pay all applicable fees for Services and fees at the point of booking as set
forth on the Site. All Fees are payable in U.S. Dollars unless otherwise specified.
Except as otherwise expressly set forth herein or as expressly approved by KoaWare in writing in
its sole discretion, all payments made are final and non-refundable and the User shall not have
the right to cancel its purchase for any reason. If you make a payment by credit card or other
payment instrument, you represent and warrant to KoaWare that such information is true and that
you are authorized to use such payment instrument. You will promptly update your account
information with any changes (for example, a change in your billing address or credit card
expiration date) that may occur. You agree to pay KoaWare the amount that is specified on the
Site for Fees and in accordance with the terms of such fees and purchases and this Terms of
Service.
Payment
Payment processing services for Users on KoaWare are provided by Stripe and are subject to the
Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively,
the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or
continuing to operate as a User on KoaWare, you agree to be bound by the Stripe Services
Agreement, as the same may be modified by Stripe from time to time. As a condition of
KoaWare enabling payment processing services through Stripe, you agree to provide KoaWare
accurate and complete information about you and your business, and you authorize KoaWare to
share it and transaction information related to your use of the payment processing services
provided by Stripe.
Cancellation/Refund Policy
User understands that payment authorization and/or subscriptions will remain in effect until
cancelled in writing, and agrees to notify KoaWare in writing of any changes in account
information or termination of this authorization at least 15 days prior to the next billing date. If
the noted payment dates!
fall on a weekend or holiday, User understand that the payments may be executed on the!
next business day. In the case of a transaction being rejected for Non Sufficient Funds (NSF)!
User understands that Company may at its discretion attempt to process the charge again!
within 30 days, and agree to an additional $5.00 charge for each attempt returned NSF which!
will be initiated as a separate transaction from the authorized recurring payment. User!
acknowledges that the plan will continue to auto-renew unless explicitly requested otherwise in!
writing; this includes changes from annual to monthly subscription tiers, or vice versa, or!
cancellation. !
With any annual subscription plans, User is committing to a 12 (twelve) month!
contract from the purchase date, and there are no refunds. Subscription cancellations will take!
effect the next billing period, according to proper cancellation procedure. No retroactive!
refunds will be given with any subscription packages. User acknowledges that the origination of
transactions!
to the account must comply with the provisions of U.S. law. User certifies that he/she/it!
is an authorized user of the given credit card (or preferred payment method) and will not dispute!
these scheduled transactions with the bank or credit card company.
Links to Third Party Sites/Third Party Services
www.KoaWare.com may contain links to other websites ("Linked Sites"). The Linked Sites are
not under the control of Company and Company is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. Company is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Company of the site or any association with
its operators.
Certain services made available via www.KoaWare.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.KoaWare.com domain, you hereby acknowledge and consent that Company may share
such information and data with any third party with whom Company has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.KoaWare.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.KoaWare.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful
or prohibited by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of
the Site. You may not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Company or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Company content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Company and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Company or our licensors except as expressly authorized by these
Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular Communication
Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents; upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages; conduct or forward surveys,
contests, pyramid schemes or chain letters; download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be legally distributed
in such manner; falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material contained
in a file that is uploaded; restrict or inhibit any other user from using and enjoying the
Communication Services; violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any applicable laws or
regulations.
Company has no obligation to monitor the Communication Services. However, Company
reserves the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Company reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any reason whatsoever.
Company reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Company's sole discretion.
Always use caution when giving out any personally identifying information about yourself or
your children in any Communication Service. Company does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Company
specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts are not
authorized Company spokespersons, and their views do not necessarily reflect those of
Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.KoaWare.com or Posted on Any Company Web Page
Company does not claim ownership of the materials you provide to www.KoaWare.com
(including feedback and suggestions) or post, upload, input or submit to any Company Site or
our associated services (collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Company, our affiliated companies
and necessary sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Company is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Company's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Company account to third party accounts. By connecting your
Company account to your third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to others (in accordance with your
privacy settings on those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Company from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Company Content accessed
through www.KoaWare.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
User Disputes
You agree that you are solely responsible for your interactions (including any booking, purchase
and sale transactions, or quality of service provided) with any other User of the Site and
KoaWare will have no liability or responsibility with respect thereto. KoaWare reserves the right,
but has no obligation, to become involved in any way with disputes between you and any other
user of the Site.
Indemnification
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of
any rights of a third party, or your violation of any applicable laws, rules or regulations.
Company reserves the right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will fully cooperate with
Company in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS
IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more
than one person's claims, and may not otherwise preside over any form of a representative or
class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. KOAWARE LLC AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KOAWARE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. KOAWARE LLC AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL KOAWARE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY
TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
KOAWARE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE.
Termination/Access Restriction
Company reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of California and you
hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Company as a result of this agreement or use of the Site. Company's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of Company's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered
by Company with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and Company with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
Company with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which
www.KoaWare.com is offered. The most current version of the Terms will supersede all previous
versions. Company encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
Company welcomes your questions or comments regarding the Terms:
KoaWare LLC
PO Box 2651
Dana Point, California 92624
Email Address:
support@koaware.com
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Effective as of May 24, 2018