2. ADDITIONAL TERMS AND CONDITIONS
4. NO WAIVER
6. DISCLAIMERS & WARRANTIES
Content on the Site is provided for entertainment purposes only.
The Site and Content are provided on an “as is” and “as available” basis. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KOCH USA AND THE SITE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Koch USA, LLC does not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that make the Site available are free of viruses or other harmful components. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
7. OUR USE OF CONTENT
Koch USA, LLC will consider anything you provide to Koch USA and/or contribution to the Site as available for our use free of any obligations to you, except where solicited invited submissions are expressly governed by additional terms appearing elsewhere on this Site, in which case those additional terms will determine how we treat your invited submission.
8. LINKS TO THIRD PARTY WEBSITES
The Site includes links to various third party websites. Koch USA is providing these links solely as a convenience. Such linked third party sites are not under the control of Koch USA. We have not reviewed all of the sites linked from the Koch USA Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on the Koch USA Site does not imply Koch USA’s endorsement of the linked site, its sponsors or any products or services offered on the linked site. Use of any linked site is at your own risk.
10. APPLICABLE LAWS & JURISDICTION
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.
Koch USA, LLC owns and controls the Koch USA Site (excluding third party linked sites) from its corporate offices within Santa Monica, California, United States of America. Koch USA, LLC makes no representation that the Content is appropriate or available for use in other locations, and accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions.
11. DISPUTES: ARBITRATION AGREEMENT, TIME LIMITATION, & CLASS WAIVER
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Any dispute or claim relating in any way to your use of the Site, to your purchase or use of any Koch USA product, or to your participation in the Band of Beauty membership program, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
To help resolve any issues promptly and directly, you and Koch USA agree to commence any dispute resolution proceeding within 1 year after a claim arises; otherwise, the claim is waived.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you and Koch USA agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Attn: General Counsel, 5425 Hillsborough St, Raleigh, NC 27606, USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Koch USA will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another location that is mutually agreed upon.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
12. COPYRIGHTS & TRADEMARKS
The Site and Content are the property of Koch USA, LLC, and its licensors and are protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Koch USA Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Koch USA, LLC at the Koch USA Site or elsewhere are reserved to Koch USA, LLC and its licensors.
The following are Koch USA, LLC trademarks: Koch USA. In addition, the Site may contain trademarks, logos, and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Koch USA Site or in any Koch USA, LLC site are the sole property of their respective owners.
14. HEADINGS FOR CONVENIENCE ONLY