Terms & Conditions

Terms of Use

The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.KoloShipping.com, which shall include, without limitation, the home page, splash page, and all other pages under the same domain name, and all content thereon (the “Site”) as provided by Kolo Shipping, Inc. (“Kolo Shipping” or “we”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

1.     This Site is intended only for the use and enjoyment of persons who are 21 years of age or older and legally reside in the United States. You must be 21 years of age or older to access or otherwise use this Site. Persons under 21 years of age are prohibited from using this Site in any way. If you consider any material on this Site to be inappropriate or offensive, please do not visit this Site.

2.     You agree to use this Site for personal purposes and not for commercial purposes. You agree to have no more than one account and to not sell, trade or transfer that account to any other person. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by Kolo Shipping and that you will not access Kolo Shipping by any other means other than through the interface provided.

3.     In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to Kolo Shipping will always be accurate, correct and up to date.

4.     You agree that you will not reproduce, copy, sell, barter, or trade any information you access on Kolo Shipping.

5.     You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage Kolo Shipping may suffer. You also agree that Kolo Shipping has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.

6.     You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.

7.     You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately at info@koloshipping.com.

8.     You acknowledge that you have read, understood and will comply with the terms of our privacy policy and these Terms and Conditions

9.     We rely upon a network of independent vendors, retailers, manufacturers and other licensed parties (collectively, “Vendors”) who sell the products and services. Kolo Shipping is not responsible for the purchasing or quality of products or services offered by independent vendors. You acknowledge and agree that Kolo Shipping does not sell, offer to sell, invite to sell, or solicit any products manufactured by independent vendors. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. If you wish to purchase any product or service made available by a Vendor, you may be asked to supply certain information relevant to the purchase including, without limitation, your credit card information, your billing address and your shipping information. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction. By submitting such information, you grant to Kolo Shipping and to Vendors the right to provide such information to third parties consistent with our privacy policy and their privacy policies. If you have any questions regarding a Vendor’s privacy policy, please contact the Vendor before purchasing a product.

10.  In connection with each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. By placing an order, you represent that you are 21 years of age or older and you authorize Kolo Shipping to act on your behalf to engage a common carrier to deliver your order where you want it delivered. Sales by certain Vendors are made at the premises of the Vendor and title passes to you at the premises of the Vendor. If you have any questions regarding where a sale is being made, please contact us before purchasing the service. Kolo Shipping and Vendors make no representation as to the right of any person to import any product in to any state. Some state regulations require a business address for shipment and in those states, you represent that the address you have provided is a business address.

11.  Any packages that are refused or unable to be delivered by our common carriers will be returned to the Kolo Shipping at your expense.

12.  The services sold on this Site rely on products provided by independent Vendors.  Due to state regulations, Kolo Shipping is unable to accept the return of any product purchased by a customer in error.

13.  Kolo Shipping has affiliated legal entities that may provide services to you on behalf of Kolo Shipping. You acknowledge and agree that such affiliates are entitled to provide services to you.

14.  Kolo Shipping is constantly innovating in terms of the services it provides. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and acknowledge and agree to accept the new terms so long as they are updated here.

15.  You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of Kolo Shipping. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.

16.  As between you and Kolo Shipping, we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

17.  We do not grant any license or other authorization to any member of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site except as provided herein. We give you a personal, royalty-free, non-assignable and non-exclusive license to use the Site as provided to you by Kolo Shipping. This license is for the sole purpose of enabling you to use and enjoy the Site as provided in the manner permitted by these Terms and Conditions.

18. When agreeing to the Terms and Conditions you agree that all alcohol shipped is not for resale, you are state or federally licensed, and/or you are having alcohol shipped for but not limited to; samples, research, advertising, marketing, or other commercial uses.

19.  Unless specifically requested, Kolo Shipping does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to Kolo Shipping will be deemed not to be confidential or secret. By submitting or sending information or other material to Kolo Shipping you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information or other material to Kolo Shipping you grant Kolo Shipping the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.

DISCLAIMER OF WARRANTIES

1.     THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KOLO SHIPPING DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. KOLO SHIPPING MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOLO SHIPPING OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

2.     ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.

LIMITATION OF LIABILITY

1.     IN NO EVENT SHALL KOLO SHIPPING OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF KOLO SHIPPING OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:

·         ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SITE;

·         YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE;

·         YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND

·         ANY CHANGE MADE BY KOLO SHIPPING TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

Advertising

1.     The Site may be supported by advertising revenue. These advertisements may be targeted to members based on their membership history.

2.     The manner, mode, and extent of advertising by Kolo Shipping is subject to change without notice.

3.     In consideration for granting you access to and use of the Site, you agree that Kolo Shipping may place such advertising on the Site.

Links

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with Kolo Shipping of such sites or the content, products, advertising or other materials presented on such sites. Kolo Shipping does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Kolo Shipping is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.