/ Terms of Use Policy

Terms of Use Policy

This website is owned and operated by Kowabunga LLC® (“KLLC”) for the purpose of presenting information about KLLC products, and selling KLLC products to users/visitors of the website.

We do this by 1) collecting the user’s contact information and other details, which you – the user of this site – voluntarily provide to KLLC, or 2) providing Links which you voluntarily click on which take you to the website of the third party offering their service to you, and which you choose to voluntarily engage with, or not. By continuing your use of our website, by downloading information from our website, by downloading materials from our website, by entering your consumer contact information into this website, or by clicking on a link which takes you to a website of one of the third parties advertising on this website, you agree to abide by these Terms of Use and the terms of any other third party with whom you voluntarily interact.

The effective date of these Terms of Use is February 7, 2017. We reserve the right, at our sole discretion, to change, update, add or remove any portion of the Terms of Use at any time by posting the changes to the Terms of Use on our website, which will be effective immediately. Please review the Terms of Use each time you visit our website. Your continued use of our website after any changes to the Terms of Use are posted will be considered acceptance of any such changes.
Intellectual Property Rights – Limited License
We grant you a revocable, non-exclusive, non-transferable, limited right to access, use and display our website and the information and materials provided on our website (“Information”) only pursuant to the terms and conditions of the Terms of Use, Terms of Service, Privacy Policy, and/or Cookie Policy. Links to each of these policies are located in the footer of the Home Page, and most other pages on the website. Title to the Information remains with KLLC or with the respective third-party owners of such Information at all times.

We authorize you to access, use and/or display the Information only for your personal use. This authorization is not a transfer of title in the Information or any copies of the Information. You must retain, on all copies of the Information downloaded, all copyright, trademark, logo and other proprietary notices contained in the Information, and you may not modify the Information in any way or reproduce or publicly display, distribute or otherwise use the Information for any public or commercial purpose. You agree to abide by all additional restrictions displayed on our website and any third party websites which you may interact with by clicking links on this website. The terms of your use may be updated from time to time without prior notice, so you should always check for any changes or updates since your prior use by clicking on the appropriate links and re-reading the terms contained herein. Our website, including all content, designs, layouts, graphics, code, and pictures, are copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of our website and to prevent any unauthorized copying of the Information. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. We reserve all rights not expressly granted to you herein.

“Kowabunga®” and Kowabunga.Com® are trademarks of KLLC. We own the names used for the products and services on our website, and these names are protected by United States and foreign trademark laws. An ® following a name on our website indicates that the trademark has been registered in the United States. A ™ following a name on our website indicates that it is an unregistered trademark. All other trademarks are the property of their respective owners. You agree not to display or use our logos, trademarks or service marks, or those of any third parties advertising on the KLLC website, in any manner, without our prior written permission.
Restrictions on Use

You agree not to transmit any data to our website that you have reason to believe is infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous, including but not limited to material that is harmful to children or violates third party privacy rights. Hacking, spamming, denial-of- service attacks and similar disruptive actions are prohibited. You agree not to imply any affiliation between you and KLLC® or its third party vendors or advertisers, without prior written consent from KLLC as to anything it owns, copyrights, trademarks, or reserves, and similarly as to any third party advertisers or vendors on the KLLC website. You agree to remove any links you have to our website upon our request.
Proprietary Information

You agree not to send any confidential or proprietary information to us through our website. You agree that any information or materials that you or individuals acting on your behalf provide to us will not be considered confidential or proprietary. By providing any such information or materials to us, you grant to us, to our successors and assigns, and to any third party advertisers or vendors on the KLLC website, an unrestricted, perpetual, irrevocable, worldwide, royalty free license to use, reproduce, display, publish, transmit and distribute such information and materials, and you further agree that we (and our successors and assigns) are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to us through our website. We do not want you to, and you warrant that you shall not, provide any information or materials to us that incorporates the proprietary information or material of any other party. Any personally identifiable information you may provide to us through our website is governed by our Privacy Policy. By providing any information to KLLC through this website, or by any other means, you grant express permission for KLLC to sell, share, and/or forward said information to third parties for the express purpose of contacting you to sell you their services. Furthermore, by providing any information to KLLC through this website, or by any other means, you grant express permission to any third party to whom KLLC sells, shares, and/or forwards your information, the express right to contact you for the purpose of selling you products or services, including an express exemption for the Federal Do Not Call List, even if your phone number(s) is/are listed in the Federal Do Not Call List Registry.

Third Party Links
Our website may contain links to websites not operated by us. These links may appear in the form of advertisements on the KLLC website. These links are provided for your convenience, but we do not review, control, or monitor the materials on any other websites. We make no warranty or representation regarding, are not responsible for, and do not endorse, any linked websites or any information appearing on, products or services described on, or security or privacy practices employed by such linked websites. Links do not imply that we endorse or are affiliated or associated with the entities operating the linked websites, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of KLLC®. KLLC does not charge you any fee for being put in touch with third party vendors or advertisers. KLLC earns compensation from third party vendors and/or advertisers by advertising their products or services on the KLLC website, or by selling third parties your information. By continuing to use this websites, and/or providing your information to KLLC, you expressly grant permission to KLLC to sell your information to any third parties, vendors, and/or advertisers.
Disclaimer and Limitation of Liability
Our website and the information may contain inaccuracies and typographical or other errors. We do not warrant the accuracy or completeness of the information or anything on our website or the reliability of any advice, opinion, statement or other information displayed, distributed or accessed through our website. You acknowledge that any reliance on any such opinion, advice, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of our website. We may make any other changes to our website and the information at any time without notice.

We provide our website and all content, information, and data contained herein on an “as is” basis, and we expressly disclaim any warranty or condition, express, implied or statutory, including, but not limited to, warranties of merchantability, non- infringement, or fitness for a particular purpose.

You agree that in no event shall we or any of our officers, directors, employees, agents, advertisers, or suppliers, be liable to any person or entity under any contract, negligence, strict liability or other legal or equitable theory for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) related to your use or inability to use our website or the information, content or functions of our website or any linked website, even if we are expressly advised of the possibility of such damages.

Furthermore, you are advised that any and all information provided on this website may not be accurate or true. It is provided for the purpose of giving you guidance and a general overview before you make any purchasing decision.

KLLC is not responsible for any actions, offers, advice, statements, representations, or misrepresentations of any third party vendor or advertiser on or through this site.

Your sole and exclusive remedy under these Terms of Use is to discontinue accessing and using our website if we breach these Terms of Use or if you are dissatisfied with our website or with any term or condition of these Terms of Use.

Website Availability and Changes
Our website may be unavailable from time to time due to mechanical, technical, software, hardware or third party vendor failures, updating or construction. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime. We may terminate, change, suspend or discontinue any aspect of our website, including the availability of any features of our website, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of our websites without notice or liability. We may terminate the authorization, rights and license given above at any time.

Choice of Law
Our website is administered from our offices within the United States of America. We make no representation that any of the Information is appropriate or available for use at locations outside of the United States. Access to our website or the Information from territories where the content of our website is illegal is prohibited. You may not use our website or export the Information in violation of U. S. export laws and regulations. If you access our website from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations. These Terms of Use and our Privacy Policy shall be governed by the laws of the State of New York, without giving effect to its conflict of law provisions. You agree and irrevocably consent to the exclusive and sole jurisdiction of and venue in the federal courts located in the New York. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Contact Information
If you have any questions about our Terms of Use, please click on the Contact link. We welcome any questions and suggestions about our Terms of Use.

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