Terms & Conditions
Terms & Conditions
USE OF WEBSITE
By accessing or using the Website in any way, including, but not limited to purchasing products, creating or accessing an account, or accessing any information provided on the Website, you agree to these Terms. If you do not agree with any part of these Terms, you are not authorized to access or use the Website. You represent and warrant that you have the legal right and authority to agree to these terms.
Notwithstanding anything contained in these Terms or on the Website to the contrary, the Website is provided without any warranty and is subject to limitations on our liability. These Terms are set forth below.
This Website is controlled and operated by Koala from its offices within the United States. Koala makes no representation that Materials (defined below) on the Website are appropriate or available for use in other countries, and access to such materials from territories where their contents are illegal is prohibited. Those who choose to access this Website from locations other than the United States do so on their own initiative and are responsible for compliance with applicable local laws.
GENERAL TERMS & RESTRICTIONS OF USE
Use of Website.
Subject to the limitations contained in these Terms, you may access and use the Website solely to view information about Koala for your personal, informational, and non-commercial use or as expressly authorized by these Terms or in writing by us. You agree not to access or use the Website for any other purpose, including without limitation, any purpose that is prohibited by these Terms or by the law of any relevant jurisdiction. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding your use of the Website. We may, in our sole discretion, terminate or suspend your access to and/or use of the Website, or any portion thereof, at any time, with or without notice and for any reason (or no reason). You agree that (a) if your authorization to access the Website is terminated, you will not thereafter access, or attempt to access, the Website, directly or indirectly, and (b) if your authorization to access the Website is suspended, you will not thereafter access, or attempt to access, the Website directly or indirectly, until your suspension is removed and we provide you express notice thereof. You are solely responsible for all uses of the Website by you.
Limited License; Restrictions on Use of Website.
Koala grants you a limited, non-exclusive, non-assignable, non-transferable license to access, use, view, store, bookmark, download, and print content within our Website and to make other use of the Website that is customary for similar Internet Websites for your personal, non-commercial, and informational purposes or as expressly authorized in writing by Koala. This license shall be considered revoked if you fail to fully comply with these Terms. You are not authorized to alter, modify, or create derivative works of any such content without first receiving our express written permission. You further agree not to (a) use any of our trademarks as metatags on other websites; (b) use the Website in any manner that is illegal or impairs the operation of the Website or its availability to or use by others; (c) display any part of the Website in frames (or any content thereof via in-line links); and/or (d) use or access, or attempt to use or access, any portion of the Website for which registration is required unless you are a Registered User (as defined in Section 3 below) without first obtaining our express written permission to do so. You further agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through or incorporated into the Website, and not to insert any code or product or manipulate the Website in any way that affects the user's experience, including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Website. You may not use this Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or any of Koala's services. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any other data gathering or extraction method in connection with your use of the Website except for customary search engines used in accordance with automated instructions directed to search engines and available on the Website. You are solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, electrical, and other physical requirements necessary for your access to and use of our Website.
Koala may discontinue or alter any aspect of our Website, remove Content from our Website, restrict the time our Website is available, or restrict the amount of use permitted at Koala's sole discretion without prior notice or liability. You agree that Koala may, under certain circumstances, immediately suspend and/or terminate your access to our Website. You further agree that such measures shall be taken at Koala's sole discretion without liability to you or any third party.
USE OF PERSONAL INFORMATION
OWNERSHIP OF MATERIALS AND USE RESTRICTIONS
The information, other than User Content, contained in this Website including all images, illustrations, designs, photographs, video clips, writings, content and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Materials") by Koala or its subsidiaries and affiliates or are the property of their respective owners. Except as provided herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Koala or the applicable copyright owner. You also may not, without Koala's permission, "mirror" any Materials contained on this Website on any other server. Any other use of the Materials on this Website including any reproduction, modification, distribution or republication may violate copyright or trademark laws, and without the prior written permission of Koala, is strictly prohibited. All Content on the Website, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, software, html code, xml code, and any other protectable works of authorship, is protected by copyright. The materials and Content on the Website may not be reproduced, recreated, modified, accessed, or used in any manner in violation of these Terms. Any unauthorized use of any Content, whether owned by Koala or any third party, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, or modify the intellectual property found in the Website or grant any other person or entity the right or access to do so.
USE OF SOFTWARE
Any software that is available on this Website ("Software") is the copyrighted work of Koala and/or its licensors. Use of the Software is governed by the end user license agreement ("License Agreement") which accompanies or is included with the Software. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is permitted by the License Agreement. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law.
Without limiting the foregoing, the Software is warranted, if at all, only according to the Terms of the License Agreement. Except as may be warranted in the License Agreement, to the maximum extent permitted by applicable law, Koala disclaims any and all implied or statutory warranties with regard to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
The Content posted by users on our Website ("User Content") is the intellectual property of the specific users of our website who post such User Content and their licensors, if any. Koala does not claim any ownership rights in such User Content.
By posting User Content on our website, you hereby grant Koala a limited, transferable, non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works from and compilations incorporating such User Content. You also agree that Koala is free to use any ideas, concepts, know-how, or techniques that you send to Koala for any purpose. In the event that you would like to remove your User Content from our Website, please contact Koala. Please note that it may not be possible to completely remove your User Content and that your User Content may still be available to others under certain circumstances. Moreover, Koala may continue to use the User Content pursuant to the license granted by its posting even after the User Content has been removed from the Website.
Koala does not control User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. Despite the fact that we have no monitoring obligations, Koala reserves the right to remove any and all Content, materials, and/or User Content that it feels is actually or potentially inappropriate, offensive, illegal, harmful in any way, or which may violate these Terms. Furthermore, Koala does not make any warranties or representations regarding any of the User Content offered on the Website, or the quality thereof. Koala does not necessarily approve, endorse, sanction, encourage, verify, or agree with any message posted by its users or otherwise embodied in the User Content. You understand that by using the Website, you may be exposed to User Content that may be offensive, indecent, vulgar, defamatory, or otherwise objectionable, and that in no way shall Koala be liable under any theory for such exposure.
Koala is not a backup service for storing User Content, and shall have no liability regarding any loss thereof. You are solely responsible for creating backups of any User Content you posted on our website.
LINKS TO THIRD PARTY WEBSITES
LINKING TO THE WEBSITE
Koala grants you a limited, non-exclusive, revocable license to create a hyperlink to the Website ("Link"). The content surrounding any Link to the Website must not be false or misleading as to the relationship between Koala and any third party or as to the nature of the products and services provided by Koala. We reserve the right to revoke this license to link to the Website at any time. If we do, you agree that you will immediately remove any Link to the Website, or any portion thereof, and will not, directly or indirectly, link to the Website or any portion thereof after such revocation.
You hereby represent and warrant that:
- You are over the age of 18, are an emancipated minor under the laws of your state of domicile and/or residence, or otherwise have the power and authority to enter into and perform your obligations under these Terms;
- You are not under the age of 13;
- All information provided by you to Koala is truthful, accurate, and complete and that you will maintain the accuracy and completeness of that information by regularly updating Koala as to any changes, including, without limitation, to your legal name, address, email address and any other information that Koala may reasonably require;
- You are an authorized signatory of the credit or debit card, or other method of payment, that you provide to Koala or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via our Website;
- You will comply with these Terms and all other agreements and terms related to your use of our Website;
- You will immediately notify Koala should you learn or suspect that your registration information, username, or password has been disclosed or otherwise made known to any other person.
In the event that you post any User Content via our Website, you hereby make the following additional representations and warranties to Koala:
- You are the owner of such User Content or otherwise have the right to grant Koala the licenses granted pursuant to these Terms;
- You have secured any and all consents necessary to post the User Content and to grant the forgoing licenses;
- The User Content does not violate the rights of any third-party;
- The use of any User Content will not result in harm or personal injury to any third-party;
- The use of any User Content by Koala pursuant to these Terms will not violate the intellectual property rights of any third party; and
- All factual information contained in the User Content is true and accurate.
The Materials, Software, and services at the Website are provided "As Is" without any warranties of any kind, including warranties of merchantability, fitness for a particular purchase, or non-infringement of intellectual property. Koala's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Website should be construed to alter such agreements. Koala further does not warrant the accuracy and completeness of the Materials, Software or services at this Website, nor does it warrant that any functions of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available is free from viruses or other harmful components. Koala may make changes to the Materials, Software and services at this Website, or to the products and prices described in them at any time without notice. The Materials, Software and services at this Website may be out-of-date, and Koala makes no commitment to update the Materials, Software and services at this Website. Materials published at this Website may refer to products, programs or services that are not available in your country. Consult your local Koala retailer for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Your use of the Website is at your sole risk. You assume full responsibility and risk of loss resulting from the use of the Website.
LIMITATION OF LIABILITY
In connection with any warranty, contract, or common law tort claims: (i) Koala, its affiliates, or its suppliers, licensors or other third parties mentioned on this Website shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use, or inability to access and use this Website, or the Materials, Software, or services contained on this Website, even if Koala has been advised of the possibility of such damages; and (ii) any direct damages that you may suffer as a result of your use of the Website, Software, or the Materials shall be limited to five hundred dollars ($500.00). Some jurisdictions do not all the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you.
Koala and the Koala logo are both trademarks of Koala and are registered in the U.S.A. and many other countries.
If you believe that your copyrighted work is being infringed, please alert Koala by providing the following information:
- an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that has been infringed;
- a description of the content on the Website that you claim infringes your copyright;
- a description of where the infringing content is located on the Website sufficient to allow us to locate the allegedly infringing material;
- your complete contact information, including address, telephone number, and e-mail address;
- a declaration, made under penalty of perjury, by you that (1) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (2) the information in your notice is accurate; and (3) you are the copyright owner or authorized to act on the copyright owner’s behalf.
This information can be provided via email or postal mail to:
1760 Gilsinn Ln.
Fenton, MO 63026
Attn: Administration & HR VP
The terms herein shall be governed by and construed in accordance with the laws of the State of Missouri, exclusive of its choice of law rules. Any suit, action, or proceeding concerning the Website, its use, these Terms, any sale, or any other product, service, policy, or procedure of Koala must be brought in a court of competent jurisdiction in St. Louis County, Missouri. By accessing and using the Website, you consent and submit to the exclusive jurisdiction of the state courts located in St. Louis County, Missouri or in the U.S. District Court for the Eastern District of Missouri. In any such suit, action, or proceeding, you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such suit, action, or proceeding in any such court or that any such suit, action, or proceeding which is brought in any such court has been brought in an inconvenient or improper forum.
The parties agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to Koala which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Koala has the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Koala may have for your breach of these Terms.
The section headings are provided merely for convenience and shall not be given any legal import.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any of the other remaining provisions.