Thank you for visiting
the KUJERATI.COM website ("Website"). The Website provides various
information, products ("Products") and services ("Services"),
subject to the terms and conditions set forth below (the "Terms of
Use"). By accessing or using the Website you agree to be bound by
the Terms of Use and all modifications thereto. KUJERATI
reserves the right to change the Terms of Use from time to time at
its sole discretion. Your use of the Website will be subject to the
most current version of the Terms of Use posted on the Website at
the time of such use. In addition, the purchase of Products and
Services through the Website may be subject to further terms and
conditions in addition to the Terms of Use. IF YOU DO NOT AGREE TO
BE BOUND BY THE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE
WEBSITE AND MUST EXIT AT ONCE. IF YOU BREACH THE TERMS OF USE, YOU
AUTHORIZATION TO USE THE WEBSITE AUTOMATICALLY
TERMINATES.
COPYRIGHT
All Website design,
text, graphics, logos, button icons, images, audio clips, the
selection and arrangement thereof (the “Content”), and all software
is Copyright © 2004 KUJERATI. ALL RIGHTS RESERVED. The compilation
(meaning the collection, arrangement and assembly) of all content on
this Website is the exclusive property of KUJERATI and
protected by U.S. and international copyright laws. All software
used on this site is the property of KUJERATI or its software
suppliers and is protected by U.S. and international copyright laws.
Permission is granted to electronically copy and to print in hard
copy portions of this Website for the sole purpose of placing an
order with KUJERATI or using this Website as a shopping
resource. Any other use
of materials on this Website - including reproduction for purposes
other than those permitted above, modification, distribution,
republishing, transmission, display or performance - without the
prior written permission of KUJERATI is strictly prohibited.
TRADEMARKS
KUJERATI, and all page
headers, custom graphics and button icons are service marks,
trademarks, and/or trade dress of KUJERATI and may not be used
in connection with any product or service that is not offered
by KUJERATI in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits KUJERATI. All other trademarks,
product names and company names or logos cited herein are the
property of their respective owners.
LICENSE AND ACCESS
TO KUJERATI WEBSITE
KUJERATI grants you
a limited license to access and make personal use of the Website and
not to download (other than for page caching) or modify it, or any
portion of it, except with the express written consent of KUJERATI.
This license does not include any resale or commercial use of the
Website or the Content; any collection and use of any product
listings, descriptions, or prices; any derivative use of the Website
or the Content; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools. The Website,
or any portion thereof, may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial
purpose without the express written consent of KUJERATI. You may not
frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page
layout, or forms) of KUJERATI and our affiliates without the
express written consent of KUJERATI. You may not use any meta tags
or any other "hidden text" utilizing KUJERATI's name or
trademarks without the express written consent of KUJERATI. Any
unauthorized use terminates the permission or license granted by
KUJERATI. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of KUJERATI so
long as the link does not portray KUJERATI, its affiliates, or their
products or services in a false, misleading, derogatory, or
otherwise offensive matter.
If no specific
restrictions are displayed, you may make copies of select portions
of the Content, provided that the copies are made only for your
personal, informational, and non-commercial use, and that you do not
alter or modify the Content in any way, and maintain any notices
contained in the Content, such as all copyright notices, trademark
legends, or other proprietary rights notices. Except as provided in
the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you
may not upload, post, reproduce, or distribute in any way Content
protected by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright or other
proprietary right.
PRODUCTS
DESCRIPTION
KUJERATI attempts to
maintain the descriptions for all Products and Services as current
and accurate as possible. KUJERATI does not warrant however
that such descriptions or other content of the Website is or will be
accurate, complete, current, reliable, or
error-free.
PRIVACY
POLICY
At KUJERATI, you are our
number one priority. That's why we go to such great lengths to
guarantee the security of all transactions. Our secure sockets layer
(SSL) is among the best technology available today. It encrypts
(meaning scrambles in code) all personal data you share with us,
including your credit card and telephone numbers, name and
address.
Our site uses cookies to
keep track of your registration data and shopping cart. We use
cookies to save your address information so you don't have to
re-enter it each time you request information, or purchase a
product.
Our site's registration
form requires users to give us contact information (like their email
address). We use customer contact information from the registration
form to contact the visitor when necessary. Your email address is never
sold or distributed to anyone.
Our site provides users the
opportunity to opt-out of receiving communications from us at the
point where we request information about the visitor. Users may also
request to be removed from our databases at any time via telephone
or email.
USER
COMMENTS
You may submit comments
suggestions, ideas, comments, questions, or other information, so
long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property
rights, or otherwise objectionable or injurious to third parties, or
consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or
other content.
Unless otherwise
provided by KUJERATI, you grant KUJERATI and its affiliates a
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish,
translate, distribute, create derivative works from, and display
throughout the world in any media any such content submitted by you.
You further grant KUJERATI and its affiliates and sublicensees
the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or
otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply
does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify KUJERATI and its
affiliates, officers, and shareholders for all claims resulting from
content you supply. KUJERATI has the right but not the
obligation to monitor and edit or remove any activity or
content. KUJERATI takes no responsibility and assumes no
liability for any content posted by you or any third
party.
LINKS TO THIRD PARTY
WEBSITES
The Website may contain
links to other websites, directories, or services ("Linked
Services"). These features are provided by KUJERATI only as a
convenience. The Linked Services are not reviewed, controlled or
examined by KUJERATI in any way and you acknowledge and agree
that KUJERATI has no control over and is not responsible or
liable for (i) the availability or accuracy of the Linked Services;
(ii) the content, advertising, or products on or available from the
Linked Services; or (iii) any damage arising from or occasioned by
the creation or use of the Linked Services or the information or
material accessed through the Linked Services. The inclusion of any
link on the KUJERATI Website does not imply an endorsement of
the Linked Services. You use the links and the Linked Services at
your own risk.
LIMITATION OF
LIABILITY
KUJERATI IS
PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO THE OPERATION OF THIS SITE, THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED OR AVAILABLE ON
THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, KUJERATI
DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR
EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN ADDITION, KUJERATI DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE,
COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT
TO CHANGE WITHOUT NOTICE. KUJERATI WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT
APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND
CLAIMS OF THIRD PARTIES.
YOU SHOULD NOT USE THE
INFORMATION CONTAINED ON THE WEBSITE FOR DIAGNOSING A HEALTH PROBLEM
OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL
INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN
THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED
ON THE WEBSITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN.
INFORMATION AND REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN
EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED
TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY
DISEASE.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM KUJERATI OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. KUJERATI MAKES NO WARRANTY THAT THE
WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE WEBSITE IS
FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
All information
contained on the Website, including information relating to medical
health conditions, products and treatments, is for informational
purposes only. This information is not meant to be a substitute for
the advice provided by your own physician or other medical
professionals, or any information contained on or in any product
packaging or labels.
The statements made about any Products or Services have not
been evaluated by the U.S. Food and Drug Administration and the
results reported, if any, may not necessarily occur in all
individuals.
APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify
and hold KUJERATI and its affiliates, officers, directors,
employees, agents, contractors and successors in interest harmless
from any and all claims, costs, damages, losses, liabilities, and
expenses (including attorneys' fees and costs) arising out of or in
connection with your unauthorized use of the Website or any service
available on or through the Website, the uploading, posting,
e-mailing, transmission of any content or other material by you or
users authorized by you, infringement of any KUJERATI content,
or any violation of the Terms of
Use.
ENTIRE
AGREEMENT/AMENDMENTS
These Terms constitute
the complete agreement between you and KUJERATI concerning your
use of the Website and the subject matter set forth herein, and
supersedes all prior or contemporaneous negotiations, agreements or
representations between the you and KUJERATI in respect
thereof. These Terms of Use may be amended, modified or supplemented
by KUJERATI at any time by posting such changes to the Website,
and such changes shall be effective from the time of such posting.
No other act, document, usage or custom shall be deemed to amend,
modify or supplement these Terms of
Use.
GOVERNING LAW AND
JURISDICTION
KUJERATI controls
and operates the Website from our offices in the State of New York,
United States of America. While we invite visitors from all parts of
the world to visit the Website, visitors acknowledge that the
Website, and all activities available on and through the Website,
are governed by the laws of the United States of America and the
laws of the State of New York. We do not represent that materials on
the Website are appropriate or available for use in other locations.
Persons who choose to access the Website from other locations do so
on their own initiative, and are responsible for compliance with
local laws, if and to the extent local laws are
applicable.
You agree that the laws
of the State of New York, excluding its conflicts-of-law rules, and
these Terms of Use, KUJERATI's Privacy Policy and any other
policies posted from time to time on the Website applicable to your
use of the Website shall govern your use of the Website. You agree
that the UN Convention on Contracts for the International Sale of
Goods does not apply. Please note that your use of the Website may
be subject to other local, state, national, and international laws.
You expressly agree that exclusive jurisdiction for any claim or
dispute with KUJERATI or relating in any way to your use of the
Website resides in the
courts of the County of New York, State of New York, and you further
agree and expressly consent to the exercise of personal jurisdiction
in the courts of the County of New York, State of New York, in
connection with any such dispute and including any claim
involving KUJERATI or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers and
content providers. You agree that any cause of action or claim that
you may have with respect to your use of the Website must be
commenced within one year after the act or omission giving rise to
the claim or cause of action arose. KUJERATI's failure to
insist upon or enforce any provision of these Term and Conditions
shall not be construed as a waiver of any provision or right of
KUJERATI. KUJERATI may assign its rights under these Terms and
Conditions to any party at any time without notice to you.
SEVERABILITY
If the application of
any provision hereof to either you or KUJERATI, facts, or
circumstance shall be held by a court of competent jurisdiction to
be invalid or unenforceable, then (i) such provision shall be
reformed without further action by either you or KUJERATI to
the extent strictly necessary to render such provision valid and
enforceable when applied to you, KUJERATI, or the particular facts
or circumstances; and (ii) the validity and enforceability of such
provision as applied to the other party or the particular facts or
circumstances, and the validity and enforceability of all of the
other provisions hereof, shall in no way be affected or impaired
thereby.
WAIVER
Neither you nor KUJERATI
shall be deemed by any act, delay, or omission to have waived any of
its respective rights or remedies hereunder unless such waiver is in
writing and signed by the waiving party, and only to the extent
specifically set forth in said writing. A waiver, failure or delay
in exercising any right, power or privilege, or any single or
partial exercise of any right, power or privilege, will not act to
preclude any subsequent or further exercise of that or any other
right, power or privilege.
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