TERMS OF USE
Effective Date: June 1, 2020
These Terms of Use (“Terms”) govern access to and use of the websites, landing pages, portals, forms, digital properties, content, tools, assessments, calculators, downloadable materials, communications, and related online services operated by Kobo Ittai, Inc. (“Company,” “we,” “us,” or “our”), including without limitation websites owned, operated, branded, or controlled by Company (collectively, the “Site”).
By accessing or using the Site, submitting information through the Site, downloading materials, clicking acceptance boxes, purchasing services online, or otherwise interacting with the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
COMPANY INFORMATION
Kobo Ittai, Inc.
25876 The Old Rd., Suite 232
Stevenson Ranch, CA 91381-1711
310-616-5121
Legal Contact: legal@koboittai.com
Privacy Contact: privacy@koboittai.com
Contact Opt-Out Requests: opt-out@koboittai.com
1. ELIGIBILITY
You represent that you are:
If using the Site on behalf of a company or entity, you represent that you have authority to bind that entity.
2. CHANGES TO TERMS
Company may modify these Terms at any time by posting updated Terms on the Site or by otherwise providing notice where legally required.
Your continued use of the Site after updated Terms become effective constitutes acceptance of the revised Terms.
3. SITE CONTENT AND INFORMATIONAL PURPOSES
Unless expressly stated otherwise in writing, Site content is provided for general informational, educational, promotional, and commercial purposes only.
Nothing on the Site constitutes:
You should consult qualified professionals regarding your specific circumstances.
4. NO GUARANTEE OF RESULTS
Any examples, testimonials, case studies, scenarios, revenue discussions, projections, success stories, or statements regarding outcomes are illustrative only.
Actual results depend on numerous factors outside Company’s control, including market conditions, timing, execution, resources, competition, and user decisions.
No specific result is guaranteed.
5. PERMITTED USE
You may use the Site only for lawful purposes and in accordance with these Terms.
You agree not to:
6. ACCOUNTS AND PORTALS
If the Site provides accounts, portals, dashboards, or password-protected areas:
7. SUBMISSIONS AND COMMUNICATIONS
If you submit inquiries, forms, applications, feedback, content, testimonials, messages, or other materials:
8. CONTACT CONSENT / OPT-OUT COMMUNICATIONS
By voluntarily submitting your contact information through the Site, you consent to receive communications from Company regarding your inquiry, requested services, account matters, scheduling, operational updates, and marketing communications where permitted by law and where applicable consent has been provided.
Communications may occur by:
You may opt out of non-essential marketing or promotional communications at any time by:
Transactional, service, billing, legal, security, or relationship-management communications may still be sent where permitted by law.
Nothing in this Section limits any rights required under applicable TCPA, CAN-SPAM, state privacy, or similar laws.
9. INTELLECTUAL PROPERTY RIGHTS
All Site content, branding, graphics, designs, text, software, systems, tools, downloadable materials, frameworks, methodologies, compilations, and related intellectual property are owned by Company or its licensors and protected by law.
Without limitation, proprietary materials may include:
No ownership rights transfer to you through Site use.
10. LIMITED LICENSE
Subject to these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your internal personal or business evaluation purposes.
You may not reproduce, distribute, modify, create derivative works from, publicly display, sell, sublicense, reverse engineer, or exploit Site materials except as expressly authorized in writing.
11. THIRD-PARTY LINKS AND SERVICES
The Site may reference or link to third-party websites, software, tools, or services.
Company does not control and is not responsible for third-party content, privacy practices, availability, security, or performance.
Your use of third-party services is at your own risk and subject to their terms.
12. PRIVACY
Your use of the Site is also subject to the Company Privacy Policy, which is incorporated by reference into these Terms.
13. ELECTRONIC COMMUNICATIONS
You consent to receive communications electronically, including via email, platform messaging, or Site notices.
Electronic records may satisfy legal communication requirements to the fullest extent permitted by law.
14. PURCHASES AND ONLINE ORDERS
If you purchase services, products, subscriptions, or engagements through the Site:
Where a separate signed agreement exists, that agreement controls for purchased services.
15. DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
Some jurisdictions may limit certain disclaimers.
16. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR LOST PROFIT DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY FOR CLAIMS RELATING TO FREE SITE USE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
IF YOU PAID COMPANY THROUGH THE SITE FOR A SPECIFIC TRANSACTION, COMPANY’S LIABILITY RELATING TO THAT TRANSACTION SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THAT TRANSACTION, EXCEPT WHERE PROHIBITED BY LAW.
Nothing herein limits liability that cannot legally be limited.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, contractors, affiliates, successors, and agents from third-party claims arising from:
18. TERMINATION OR SUSPENSION
Company may suspend, restrict, or terminate access to the Site or any portion of it at any time, with or without notice, for business, legal, operational, security, or breach-related reasons.
Sections that by their nature should survive shall survive termination.
19. GOVERNING LAW
These Terms shall be governed by the laws of the State of California, without regard to conflict of laws principles, except where preempted or otherwise required by applicable law.
20. BINDING ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
20.1 Informal Resolution First
Before initiating arbitration, either party shall provide written notice of the dispute and a good-faith opportunity to resolve the matter informally for thirty (30) days.
20.2 Agreement to Arbitrate
Except for claims eligible for small claims court, claims for injunctive or equitable relief, intellectual property enforcement, or matters not legally arbitrable, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, communications, submissions, purchases, or relationship between the parties shall be resolved exclusively by final and binding arbitration.
20.3 Administrator and Rules
The arbitration shall be administered by JAMS, or if unavailable, the American Arbitration Association (AAA), under the applicable consumer or commercial rules then in effect, except as modified herein.
20.4 Venue / Remote Proceedings
Unless otherwise required by law, arbitration shall be deemed seated in Los Angeles County, California. Hearings may occur by video conference, telephone, written submissions, or in person as determined by the arbitrator.
20.5 Individual Claims Only / Class Waiver
To the fullest extent permitted by law, all claims must be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, coordinated, representative, mass, or private attorney general action.
20.6 Jury Trial Waiver
For any claim permitted in court, the parties knowingly waive trial by jury.
20.7 Arbitrator Authority
The arbitrator may award the same individual relief available in court, subject to these Terms, but may not award class or representative relief except where required by law.
20.8 Confidentiality
The arbitration proceeding, filings, evidence, and award shall be confidential except as necessary to enforce rights, comply with law, or obtain professional advice.
20.9 Severability
If any portion of this Section is found unenforceable, the remainder shall remain in effect to the fullest extent permitted by law. If a class waiver is found unenforceable as to a particular claim, that claim shall proceed only in a court of competent jurisdiction.
20.10 No Arbitration Opt-Out
The arbitration provisions of this Section are a material basis of these Terms and apply to all covered disputes except where prohibited by applicable law.
21. MISCELLANEOUS
21.1 Entire Agreement
These Terms, together with any incorporated policies and any separately executed agreement applicable to a purchase, constitute the entire agreement regarding Site use.
21.2 Severability
If any provision outside Section 20 is unenforceable, the remainder shall remain in effect.
21.3 No Waiver
Failure to enforce any provision is not a waiver.
21.4 Assignment
You may not assign these Terms without Company’s consent. Company may assign these Terms in connection with merger, acquisition, restructuring, or asset sale.
21.5 Electronic Acceptance
Checkbox assent, digital signatures, online checkout acceptance, continued use after notice where permitted, and similar electronic manifestations of assent shall be enforceable to the fullest extent permitted by law.
CONTACT
Questions regarding these Terms may be directed to:
Kobo Ittai, Inc.
25876 The Old Rd., Suite 232
Stevenson Ranch, CA 91381-1711
legal@koboittai.com