Please note: Section 13 of these Terms governs disputes between us, and contains an arbitration clause and class action waiver that requires you and KOLAS to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.
Certain areas of the Websites and Services (and your access to or use therein) may have additional terms, conditions, policies, rules, and guidelines, which govern your access to and use of such Websites and Services (as applicable, the “Additional Terms”). The Additional Terms will be posted (via a link) on the applicable Website or Services and may be modified from time to time. To the extent there is a conflict between these Terms and any Additional Terms for a specific Website or Service, the applicable Additional Terms shall govern and take precedence over these Terms with respect to your use of or access to that Website or Service.
3. Changes to the Terms, Additional Terms, and Privacy Statement
Except as otherwise provided herein, the Websites and Services are intended solely for and only available to individuals who are at least eighteen (18) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. Please note that certain of the Websites and Services require you to be at least twenty-one (21) years of age to access and use such Websites and Services. Please check the applicable Additional Terms, if applicable, for such Websites and Services for further information. You may be asked to verify that you are over the applicable age limit during your use of the Websites or Services and you hereby agree that you shall not misrepresent your age. Without limiting the foregoing, the Websites and Services are not available to minors or suspended members or users. You further represent that any party you invite to participate in any of the Websites or Services is also of legal age as described above, and agree not to invite participation from anyone not of legal age as described above.
5. Electronic Communications
By accessing or using the Websites or Services, you consent to receiving communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages on the Websites or through any of the Services. By accessing or using the Websites or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Disclaimers and Acknowledgments
Acknowledgment of U.S. Federal Law
KOLAS operates under applicable U.S. state laws. You expressly acknowledge and understand that marijuana (cannabis) is listed on Schedule I of the United States Controlled Substances Act. Under U.S. federal laws, manufacturing, distributing, dispensing, or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge and understand that the interstate transportation of marijuana is a federal offense.
Acknowledgment of State Law
You expressly acknowledge, understand, and agree that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis may be illegal in your state of residence and in the state you are located, unless all participants are acting completely within the scope of the state’s applicable laws.
Acknowledgment of the Laws of Your Location
While the Websites and Services may be accessed from various locations, KOLAS only accepts listings from Retailers located in certain states, cities, counties, municipalities, provinces, and jurisdictions (“Service Area”). In all scenarios, you must abide by and follow the applicable laws of the state, city, county, municipality, province, or jurisdiction in which you are located in order to use the Websites and/or Services. You expressly acknowledge, understand, and agree to assume full responsibility for cooperating with the laws of your place of location while using the Websites and/or Services. KOLAS reserves the right to determine or change its Service Area in its sole discretion at any time.
You expressly acknowledge, understand, and agree that any statements relating to cannabis goods, accessories, or any other products available on the Websites have not been evaluated by the U.S. Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the products have been approved or endorsed by the FDA or any other regulatory agency. The products available on the Websites are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any products seen on the Websites.
7. User Accounts
User Registration and Accounts
In order to access or use some of the Websites or Services, you must first register and create an individual account for yourself or a business for such Website or Service (each a “User Account”).
By creating a User Account, you agree that:
- You are at least eighteen (18) years of age (or twenty-one (21) years of age, as applicable) and able to form a legally binding contract;
- You have not previously been suspended from using our Website or Services or, if you have previously been suspended, it was a temporary suspension that has now expired;
- You will not register a username (or email address) that (a) is already being used by someone else; (b) may impersonate another person; (c) belongs to another person; (d) violates the intellectual property or other right of any person or entity; or (e) is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion;
- You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and will maintain and update it continuously and promptly to keep it accurate, current, and complete;
- You will not post libelous content or create false or misleading reviews or posts;
- You are solely responsible for all activities that occur under your account, password, and username—whether or not you authorized the activity;
- You will not sell, transfer, assign, or provide a copy of, your account, account rights, user ID, password, API keys, menu embed code, or other credentials or access rights (the “Protected Information”) for any of the Websites or Services to any other person or entity. You must keep all of your Protected Information in strict confidence. You are solely responsible for doing so and for restricting access to your account so that others may not access any password-protected portion of the Websites or Services using your Protected Information;
- You will immediately notify us of any unauthorized use of your Protected Information, or any other breach of security;
- You will not share or allow any third party to utilize your account on your behalf or on a time share basis;
- You will not create more than one account unless specifically authorized to do so;
- You will not use Protected Information of others;
- You will not manipulate the price of any item or interfere with any other user’s listings, reviews, and products;
- You will not take any action that may undermine the feedback or ratings systems of the Websites or Services;
- You will not interfere with or disrupt any Website processes, servers, or networks supporting the Websites and/or KOLAS;
- You will not use any robot, spider, scraper, survey, monitor, or other automated or similar means to access any web page or other asset contained in the Websites, Services, or Website Content (as defined below) for any purpose;
- You will not bypass our robot exclusion headers, interfere with the working of our Services, features, or tools, or impose an unreasonable or disproportionately large load on our infrastructure;
- You will not export or re-export any KOLAS application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with all relevant posted rules and restrictions;
- You will not export any Website Content out of the jurisdiction in which it is intended or displayed;
- You will not access the Websites or Services in order to build a similar or competitive Website or Service;
- You will not circumvent any technical measures we use to provide Services; and
- You will not assist any third party with any prohibited conduct above.
Your User Account cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent, in which case Additional Terms will apply.
User Accounts may only be set up by an authorized representative of the individual or business that is the subject of the User Account. If you believe that a User Account listed on any of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to help@KOLAS.com. KOLAS does not, however, review each User Account to determine if it was created by an appropriate party. In addition, KOLAS is not responsible for any unauthorized User Accounts that may appear on the Services.
We may offer you the ability to set preferences relating to your User Account, but changes to your settings may not become effective immediately or may contain errors, and options may change from time-to-time. KOLAS assumes no responsibility or liability for any issues, problems, or Content (as defined below) on your User Account.
KOLAS’ Right To Terminate Your Account and Pursue Violations
Termination of your User Account will: (i) deny you access to our Services; (ii) delay or remove User Content that you submitted or commented on; (iii) remove any special status associated with your account(s); and (iv) remove and demote your listings. We may take technical and/or legal steps to prevent you from using our Websites and Services in the future. KOLAS has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
8. Licensing and Intellectual Property
For purposes of these Terms: (i) “Content” means all text, images, photos, audio, video, graphics, reviews, location data, and all other forms of data, communication, or media; (ii) “User Content” means Content that users submit or transmit to, through, or in connection with the Websites or Services, such as ratings, reviews, orders, favorites, photos, videos, media, messages, social media posts, comments, and information that such user publicly displays or displayed in its User Account, and including any electronic data or information with respect to a user’s customers; (iii) “KOLAS Content” means Content that we create or is otherwise owned by us or licensed to us that we make available in connection with the Websites or Services; (iv) “Third Party Content” means Content that originates from parties other than KOLAS or users of any of the Websites or Services, which is made available in connection with the Websites or Services and not otherwise owned by us; and (v) “Website Content” means all of the Content that is made available in connection with the Websites or Services, including User Content, Third Party Content (and Third Party Material (as defined below)), and KOLAS Content.
By submitting User Content, you represent, warrant, and covenant:
- That you own, or have the necessary licenses, rights, consents, and/or permissions to use and authorize the use of your User Content;
- That you are entirely responsible for anything you submit to the Websites or Services and agree that KOLAS does not have to post or keep posted anything you provide;
- That the creation, distribution, transmission, public display and performance, accessing, downloading, and copying of your User Content does not and will not infringe the proprietary rights or otherwise cause injury to any other person or entity, including any such person or entity using the Websites, Services, or otherwise, and that KOLAS is under no obligation to post any User Content that you provide and reserves the right to post our own versions of your User Content as KOLAS Content in our sole discretion;
- That you will not post, transmit, broadcast, or otherwise make available any User Content that is unlawful, misleading, harmful, bigoted, discriminatory, offensive, profane, insensitive, obscene, lewd, lascivious, filthy, violent, tortious, libelous, slanderous, pornographic, threatening, abusive, harassing, tortious, defamatory, insulting, deceptive, vulgar, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable (hereinafter, “Offensive Content”);
- That you will not upload, post, transmit, broadcast, sell, transfer, or otherwise make available any User Content or Website Content that is inauthentic, counterfeit, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- That you will not distribute, promote, advertise, or post spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes, or any related content;
- That you will not impair or harm any of our computer or related systems or transmit software viruses, worms, Trojan horses, malicious code, spyware, malware, or other computer code or damaging files;
- That you are at least of legal age, being no less than eighteen (18) years old (or twenty-one (21) years old, as applicable), and you acknowledge that persons under legal age may not submit User Content to KOLAS, the Websites, or the Services; and
- That KOLAS may, in its sole discretion, monitor and remove the User Content you submit and any other communications that you may have, but is under no obligation to do so.
Disclaimer Regarding User Content
By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content: (i) contains material that is false, intentionally misleading or defamatory; (ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains material that is offensive and/or unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.
Similarly, by using the Websites and Services, you acknowledge that you may encounter User Content that, for example: (i) contains material that is false, intentionally misleading or defamatory; (ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains material that is offensive and/or unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.
KOLAS does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. By using the Website and Services, you understand and agree that KOLAS is not the creator or developer of any information provided by other users, including User Content, and KOLAS is not liable for any information provided by other users, including User Content.
Limited License Granted By KOLAS
License Granted By You
As between you and KOLAS, you retain ownership of the User Content that you post, submit, provide, or otherwise make available on or through the Websites or Services. However, by submitting your User Content, you hereby grant KOLAS and all Websites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable, and transferable rights and licenses:
- To host, cache, store, archive, index, crawl, create algorithms based on, modify, or transcode your User Content to media formats, standards, or mediums in any and all forms and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
- To use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, commercialize, publicize, display, modify, adapt, edit, excerpt, communicate, translate, analyze, remove, prepare derivative works and compilations of, compress, transmit, integrate, insert, market, and promote your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
- To use your User Content, in whole or in part, for advertising, promotional, or commercial purposes, including without limitation, the right to publicly display, reproduce, and distribute your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom
- To grant any rights or licenses to any third parties to do any of the foregoing in the above clauses (1) – (3) in connection with their own websites and media platforms; and
- To enforce copyright, trademark, trade secret, and other intellectual property related claims against third parties that have, without receiving proper authorization, scraped, manipulated, copied, derived, distributed, or otherwise improperly or illegally used and benefited from User Content that has been provided to KOLAS by you.
You irrevocably waive, and cause to be waived, against KOLAS and its users, any claims and assertions of moral rights or attribution with respect to your User Content.
You hereby grant KOLAS the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our application programming interfaces by you or by any third party on your behalf (“Licensed Data”) for any purpose relating to any of the businesses of KOLAS or for any purpose relating to the Websites or Services, including in connection with displaying any data, images, or information on the Websites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by KOLAS shall be owned exclusively by us.
KOLAS’ Ownership of KOLAS Content
We own the KOLAS Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, data, aggregate user review ratings, and all other elements and components of the Websites, but excluding User Content and Third-Party Material (as defined below). We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the KOLAS Content, the Websites, and the Services, which are protected by copyright, trade secret, patent, trademark, and all other applicable intellectual property and proprietary rights and laws. For the avoidance of doubt, the IP Rights owned by KOLAS includes all metadata or compilation data generated from the Websites or Services (including using or derived from user inputs to the Websites or Services, pricing, sales and inventory data, or User Content) (the “KOLAS Metadata”) As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the KOLAS Content, Websites or Services, or any of the IP Rights of KOLAS, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights relating to the KOLAS Content, the Websites, and the Services, and all such rights are retained by us.
KOLAS may also provide users with the ability to login to the Websites or Services with your login credentials from certain social networking websites (e.g., Facebook, LinkedIn). If you log in or otherwise associate your User Account with your login credentials from a social networking or similar website, we may use any information about you that is from or otherwise posted on your social networking account, in accordance with the terms and conditions and related legal and user policies of the relevant social networking website. If you elect to share your information with any number of social networking websites, we will then share your information with the websites you name, in accordance with your election, and per their terms and conditions.
The Website or Services might display, include, or make available Third-Party Content (including data, information, links, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for Third-Party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that KOLAS is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. KOLAS does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
Some portions of the Websites implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.
Some portions of the Websites and Services implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.
The Websites or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the “Third-Party Offers”). KOLAS displays these Third-Party Offers on the Websites and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Third-Party Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Websites or Services. The Offeror, and not KOLAS, is solely responsible for: (i) redemption of the Third-Party Offer; (ii) compliance of all aspects of the Third-Party Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (iii) all goods and services it provides to you in connection with the Third-Party Offer; and (iv) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether or not related to the use or redemption of a Third-Party Offer.
9. Copyright Infringement
It is KOLAS’ policy, in appropriate circumstances and at its discretion, to disable, eliminate access to, and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, KOLAS will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.
If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following DMCA Notice of Alleged Infringement and delivering it to KOLAS in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, KOLAS will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Websites.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—provide a comprehensive list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (i.e., the material you want removed, or material that you want all access disabled to) and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Websites where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice: a. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.” b. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all above items completed, to KOLAS: Ghost Management Group, LLC, Attn: Legal Department, 41 Discovery, Irvine, CA 92618, DMCA@KOLAS.com.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by KOLAS in connection with the Notice and allegation of copyright infringement.
10. Delivery and Pick-Up Orders
KOLAS Orders and KOLAS Store
As one of its Services, KOLAS may provide users with the ability to transmit orders for cannabis-related products and arrange for delivery or pick-up of such products through third-party, unaffiliated vendors (when the Service is provided via KOLAS.com or a KOLAS-branded application, “KOLAS Orders”, and when the Service is provided via KOLAS.store or a Retailer-owned website, “KOLAS Store”). KOLAS Orders and KOLAS Store are third-party technology platforms for consumers (“Consumers”) to transmit such orders with participating Retailers. KOLAS Orders and KOLAS Store each provide order transmission services only and serves purely as a communications medium. Neither KOLAS Orders nor KOLAS Store is a merchant of cannabis-related products, or provider of any pick-up or delivery services in connection therewith, and does not control the Retailers or the production of any cannabis-related products, or any pick-up or delivery services in connection therewith.
KOLAS and its affiliates disclaim any obligation to independently verify the credentials or representations of any of the Retailers or the authenticity or quality of any of their products or services. Consumers using KOLAS Orders and/or KOLAS Store must make themselves comfortable through the information provided by the Retailers on the Websites, by contacting the Retailers directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability of the Retailers. KOLAS, including the Websites and the Services, do not in any way guarantee the quality of any Retailer or any cannabis-related product, or any pick-up or delivery service in connection therewith. In addition, a Retailer may represent certain standards with respect to their cannabis products (or other services), such as labeling such products as “organic”, “pesticide-free”, achieving a certain potency level, undergoing certain testing procedures, fungus levels, containing specific terpene or cannabinoid profile or contents (including THC or CBD levels), or otherwise. KOLAS and its affiliates do not investigate or verify any such statements. KOLAS and its affiliates shall not be liable or responsible for any cannabis-related products, or any other services, offered by the Retailers or any errors or misrepresentations made by them (including on the Websites and through KOLAS Orders, KOLAS Store or other Services).
User Representations, Warranties, and Covenants Regarding Orders
By using KOLAS Orders or KOLAS Store’s ordering functionality, you represent, warrant, and covenant that: (i)(a) if an identification card is required by KOLAS in connection with an order you place, you will upload to your User Account a valid, unexpired government-issued identification card and, (b) if you will be ordering medical cannabis and a medical cannabis recommendation or medical cannabis recommendation data is required by KOLAS in connection with an order you place, you will upload or otherwise provide the requested data relating to a recommendation for medical cannabis that is valid in the applicable jurisdiction in which you place an order via KOLAS Orders or KOLAS Store’s ordering functionality; and that (ii) your use of the Websites and the Services, including KOLAS Orders and KOLAS Store, does not violate any applicable state or local law, including any legal requirements for orders you place through KOLAS Orders or KOLAS Store. Upon delivery or pick-up, as applicable, you agree to present a government-issued identification card evidencing your age, as well as your original recommendation if you order medical cannabis (in each case, to the extent required in your applicable jurisdiction). If you do not comply with these terms regarding KOLAS Orders or KOLAS Store, you agree that cannabis products may not be released to you by the applicable Retailer, and you may forfeit the cost of such products.
11. Review/Feedback Policy
12. Indemnification and Release
If there is a dispute between users of the Websites or Services, including between Consumers and Retailers, you understand and agree that KOLAS and its affiliates are under no obligation to become involved in such a dispute.
KOLAS will use reasonable efforts to notify you of any such claim for which KOLAS seeks indemnification hereunder upon becoming aware of it; provided, that the failure to provide such notice shall not relieve you of your obligation to provide indemnification hereunder. KOLAS reserves the right, at your expense, to assume the exclusive defense and control of any such matter for which you are required to indemnify us or any other indemnitee hereunder, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of KOLAS.
You hereby release and forever discharge KOLAS (and its owners, directors, managers, officers, partners, employees, independent contractors, agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), arising out of or relating to any interactions with, or act or omission of, other Websites or Services or Third-Party Materials.
13. Dispute Resolution
THIS SECTION GOVERNS HOW DISPUTES BETWEEN YOU AND KOLAS ARE RESOLVED, AND REQUIRES THAT DISPUTES BE SUBMITTED TO BINDING INDIVIDUAL ARBITRATION. PLEASE REVIEW THIS SECTION CAREFULLY AS IT LIMITS CERTAIN RIGHTS INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS OR OTHER COLLECTIVE ACTIONS.
Overview of Dispute Resolution Process
KOLAS is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (i) an informal negotiation directly with KOLAS’ customer service team; and (ii) a binding arbitration administered by the American Arbitration Association (“AAA”).
Pre-Arbitration Dispute Resolution and Notification
Agreement to Arbitrate
In the event we cannot resolve a dispute through direct informal discussions, you and KOLAS (collectively, the “Parties”) mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to these Terms—including the applicability, breach, termination, validity, enforcement or interpretation thereof—or the use of the Websites and/or Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree that the arbitrator will decide this issue.
Exceptions to Arbitration Agreement
The Parties mutually agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims subject to these exceptions shall not be deemed a waiver of either your or KOLAS’ right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.
Arbitration Rules and Governing Law
This Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be administered by the AAA in accordance with the AAA Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Jury Trial Waiver
The Parties acknowledge and agree to waive the right to a trial by jury as to all arbitrable Disputes.
No Class Actions or Representative Proceedings
The Parties acknowledge and agree, to the fullest extent permitted by law, to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, collective action, private attorney general action, or any other representative proceeding as to all Disputes. Unless the Parties both otherwise agree in writing, the arbitrator may not consolidate or join the claims of other persons or parties, or otherwise preside over any form of class, collective, or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “collective action” waiver or the “private attorney general action” waiver or the “representative proceeding” waiver in this paragraph is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and the Parties agree that any collective claims and private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
Severability / No Waiver
Except as provided above with respect to the “class action lawsuit” or “class-wide arbitration” waivers, if any provision of the Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival Past Termination
Unless superseded by a later arbitration agreement between the Parties, this Arbitration Agreement will survive the termination of these Terms.
14. Disclaimer Of Warranties
You expressly acknowledge, understand, and agree that:
- To the maximum extent permitted by law, the entire risk arising out of your access to and use of the Websites and Services, is assumed by you and remains with you.
- THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS. KOLAS and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and quality of service, or any other potential or actual warranty of any kind.
- KOLAS and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents make no guarantee or warranty that: (a) the Websites and Services will satisfy your needs and requirements or will be compatible with your equipment; (b) the Websites and Services, and all affiliated websites, features, services, communications, and applications, will be comprehensive, uninterrupted, timely, secure, or error-free, or be free from loss, destruction, corruption, online attack, viruses, worms, or other invasive, harmful, or corrupted or other related intrusions; (c) the information, data, or results realized or obtained from your use of the Websites will be accurate, up to date, satisfactory or reliable or fit or useful for any specific purpose; (d) the quality or value of any properties, services, products, information, or other materials purchased or obtained by you through the Websites and Services will meet your expectations; (e) that any offer made or message sent will be successfully transmitted, received, and processed; and (f) any errors in the guidelines, software, or protocols will be corrected or resolved.
- KOLAS is unable to guarantee consistent, continuous, or secure access to its websites, applications, services, programs, content, and network, and operation of the Websites and Services may be interfered with or delayed by numerous potential factors outside of KOLAS’ control.
- Any product or program downloaded or otherwise obtained through the use of the Websites and Services is accessed at your own discretion and risk, and you will be solely responsible and fully liable for any damage to your computer system or mobile device, loss of data, or any other loss or damage that results from the download or use of any such product, material, application, feature, or other program.
- All content, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from KOLAS or from the Websites, Services, or relevant social media pages is intended for informational and educational purposes only. Such information is not intended to be legal advice and/or medical advice, diagnosis, or treatment. You should consult an attorney for legal advice regarding your individual situation and/or a doctor or other qualified health care provider if you have any questions about any medical conditions.
- No information, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from KOLAS or from the Websites, Services, or relevant social media pages shall create any warranty, guarantee, or strategy not expressly stated in these Terms.
- KOLAS cannot and does not control any User Content and, as such, does not guarantee the accuracy, integrity, quality, safety, legality, morality, and/or authenticity of such content, the truth or accuracy of users’ content, the ability of listings to confirm product availability or pricing, or the ability of users to confirm experiences from using or purchasing specific products discussed or sold on the Websites or Services.
15. Limitation Of Liability
You expressly acknowledge, understand, and agree that:
- KOLAS and its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall bear no liability whatsoever, whether in contract, warranty, tort (including negligence), product liability, or any other legal theory for any costs or damages of any kind resulting from technical disruptions, computer malfunctions, computer viruses, third-party modifications to the Websites or Services, or any other event beyond KOLAS’ reasonable control.
- Neither KOLAS nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors is a party to any transactions made between Retailers and Consumers. Neither KOLAS nor its subsidiaries, affiliates, officers, employees, agents, partners, licensees, and licensors shall be liable for any defaults, costs, the contents of any documents, or interactions between or among users, including users, listings, physicians, and all related parties.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and KOLAS. Some states, counties, or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other related damages or losses. Accordingly, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.
16. Choice Of Law; Venue
17. Entire Agreement
18. No Waiver
The failure of KOLAS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of KOLAS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
19. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and KOLAS.
20. Support Or Maintenance
You acknowledge and agree that KOLAS will have no obligation to provide you with any support or maintenance in connection with the Websites or Services.
21. United States Export & Foreign Assets Control Regulations
We do not represent that the materials in the Websites or Services are appropriate or available for use in any particular location. Those who choose to access the Websites or Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (i) located in or a national or resident of any country that is subject to U.S. trade sanctions or that has been designed by the U.S. government as a “terrorist supporting” country, or (ii) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
Except as otherwise provided in Section 13, if any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
23. No Right Of Survivorship And Non-Transferability
You agree that your KOLAS account is non-transferable and any rights to your Website user identification or contents within your accounts terminate upon your death.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
25. Contact Us
For questions about the KOLAS Websites or any of the Services we provide, please feel free to contact our Customer Service department at help@KOLAS.com or call 1-833-660-0420 to speak to a representative.
26. Additional Terms That May Apply To You
Commercial Terms: These Additional Terms apply if you also access or use our KOLAS Products or services for any commercial or business purpose, including advertising, maintaining a business listing page, using our point-of-sale system or selling goods or services.