Last Updated: 

September 20, 2023

Kote, LLC (“Kote”) operates an online store that sells battery-powered heated outerwear and apparel (collectively the “Product(s)”).  

These Terms and Conditions (the “Terms”) describe the specifications on which any customer, browser, or user (referred to herein as “you”, “your”, or a “Customer”) of Kote may access, browse, use, or make a purchase on the website, https://koteroom.com/ (the “Website”). Any use of the Website is conditioned upon your acceptance of all of the policies and notices stated herein. 

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE APPLICABLE. YOU SHOULD ALSO CAREFULLY REVIEW KOTE’S PRIVACY POLICY BEFORE USING OR MAKING A PURCHASE ON THE WEBSITE. 

BY USING THE WEBSITE AND/OR PURCHASING A PRODUCT YOU AGREE TO BE BOUND BY THESE TERMS. DO NOT USE THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR PURCHASING ANY PRODUCTS BY APPLICABLE LAW. 

Any new features, tools, or other offerings later added to the Website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. Kote reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Website following the posting of any changes to these Terms constitutes acceptance of such changes. 

1. Personal Information; Purchasing Products

In order to make a purchase through the Website, you must provide your name, a valid e-mail address, and your shipping, billing, and payment information (together your “Personal Information”). You will then receive an e-mail confirmation from Kote with your order and any updates, if applicable. 

You represent and warrant that at all times (a) the information that you provide to Kote will be true, accurate, current, and complete; and (b) you will keep your e-mail address up-to-date. Kote is not responsible for any errors made by you when entering your Personal Information or making a purchase through the Website. 

You represent and warrant that you are using the Website for your own personal use only, and not for resale, export, publication, re-use or any other similarly unauthorized use. You shall be responsible for (a) all activities that transpire with your Personal Information; and (b) any act or omission related to your Personal Information, or the use thereof, that would be deemed a violation of these Terms. It shall be your responsibility to notify Kote immediately if you notice any unauthorized access or use of your Personal Information, or any other breach of security. Kote shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.

1. General Conditions of Use

By agreeing to these Terms and using the Website, you represent that you are at least eighteen (18) years of age or older. Minors may use the Website under the supervision of their parents or a legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for their use of the Website, including all liabilities. 

You consent to receiving communications from Kote, including but not limited to, e-mails, text messages, and/or calls regarding the Website and/or Products, updates to the Website or Kote’s policies, advertisements and marketing promotions, and any other relevant information.

Kote reserves the right to refuse access to the Website and the sale of Products to anyone at any time for any reason, including but not limited to, any breach or violation of these Terms at its own discretion. Kote reserves the right, but does not have any obligation, to pre-screen, refuse, and/or delete any content or Products from the Website. 

You may not use the Website for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction while using the Website or making a purchase thereon. You agree not to use the Website or Products for the purpose of any harmful or deceitful conduct, including, but not limited to, the following: (a) causing harm to minors in any manner whatsoever; or (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity. 

1. Prices and Payments

The price charged for any Product will be the price listed on the Website or otherwise in effect at the time the order is placed. Customers may also be subject to additional charges, which may include but are not limited to: currency fees, exchange fees, VAT, and/or local taxes. Any such additional fees shall be added to the Customer’s merchandise total. Kote accepts electronic payments through the Website via Shopify pay and will accept payments via cash, Venmo, or Zelle for all in person sales (collectively, the “Payment Method”). 

Generally, Kote will not ship you your order unless your Payment Method has been approved. If you do not pay an amount owed when due or your Payment Method continuously fails, Kote may initiate collection procedures for any Products that were delivered to you or that you received. You agree to pay the cost of collection, including without limitation, any reasonable attorney’s fees. 

Kote may offer promotions, discounts, or sales on the Website, or, in its sole discretion, to certain customers (“Promotions”). Promotions are subject to change without notice and may affect pricing and be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, the terms and conditions for the Promotion will govern that specific circumstance.

1. Cancellation of Orders; Refunds; Disputes

Any Product that has been pre-ordered directly through the Website may be cancelled within fifteen (15) days of purchase for a full refund. To cancel an order, please reach out to us through the e-mail address provided herein. If your order is successfully cancelled, you will receive an e-mail confirmation.  

Any Product purchased normally and not through pre-sale can be returned for a full refund within thirty (30) days if all original packaging, tags, and components are intact. Please note, in the event you return a Product, you are responsible for the cost of return shipping.

Kote aims to respectfully respond to all questions, comments, and concerns regarding customer satisfaction and any related or resulting disputes. If you dispute a charge after your order has been shipped, then the package in transit must be redirected back to Kote without first being opened, worn, washed, unpackaged, or otherwise tampered with, and the original tags must be attached.

If you are unhappy with your purchase, please contact Kote directly via email at support@koteroom.com. Kote shall address any issues, concerns, or dissatisfactions on a case-by-case basis. Should Kote, in its sole discretion, decide to refund or credit you on any amounts paid, that refund or credit shall constitute its entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that order.

1. Risk of Loss; Damages 

 

All Products are inspected prior to being delivered to Customers. Risk of loss or damages of any kind to Products shall pass to Customer upon being delivered to a postal carrier such as FedEx SmartPost, USPS, or UPS. Kote does not accept any liability for defects arising from processing after delivery. 

1. Wireless and Location-Based Features; Social Media Plug-ins

Data Sharing. By using the Website, you affirmatively consent that Kote may use and share, your video and image viewing data with third parties until consent is withdrawn. Kote may track your use for its research, analytics, or ad serving purposes. It may share the above information with companies that displays ads to you, collect and analyze information, or to social networks.  

Wireless Features. The Website may offer certain features that are available to you via your wireless device. These features may include the ability to access the Website and receive messages (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Kote has no responsibility or liability for any fees or charges you incur when using Wireless Features.

Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, Kote may send communications to your wireless device regarding Kote or other parties. Further, Kote may collect information related to your use of the Wireless Features in accordance with the Privacy Policy. If you have registered via the Website for Wireless Features, then you agree to notify Kote of any changes to your wireless contact information (including phone number).

Location-Based Features. When you use one of our location-enabled features, Kote may collect and process information about your actual location. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy. 

In addition, where the Website collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.

Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with the Website are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on the Website. If you choose to click on one of these buttons or links on the Website, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account, the social network receives the information that the web page was used by you. If you are not registered with the social network or you are logged out before you use the Website, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with Kote through a social media Website, plug-in, etc., then you may be enabling Kote to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/Websites you follow, etc.).

If you don’t want a social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you use the Website. As with other websites, you may be able to delete any existing cookies placed on your computer by the social network via your browser. For more information, please refer to the cookie policy in the Privacy Policy. 

1. Termination or Suspension

You agree that Kote may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your access to the Website and Products at its sole discretion, for any reason, including but not limited to:

1. Any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;
2. By way of request from law enforcement or any other governmental agencies;
3. The discontinuance, alteration, or material modification of the Website and/or Products, or any part thereof;
4. Any engagement by you in any fraudulent or illegal activities; and/or
5. The non-payment of any associated fees that may be owed by you in connection with your purchases. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at Kote’s sole discretion and that it shall not be liable to you or any other third party with regards to any termination of access to the Website or Products. 
6. Accuracy, Completeness, and Timeliness of Information

Kote shall not be held responsible if information made available on the Website is not accurate, complete, or current. For clarity, you are relying on any information found on the Website at your own risk. 

Kote reserves the right to modify or update the contents of the Website at any time but has no obligation to do so. You agree that it is your responsibility to monitor the Website for any changes that may occur. Kote strives to display accurate price information, however Kote may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Kote reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 

1. Intellectual Property & Proprietary Rights

Kote owns, solely and exclusively, all right, title, and interest in and to the Products and the Website; all content, software code, data, the look, feel, design and organization of the Website; and the compilation of the content, code, data, and materials on the Website, including but not limited to any intellectual property and/or proprietary rights. Kote reserves all rights in and to the Website and Products not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Kote’s Website, in whole or in part, or on Kote’s Products. 

If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding the Website and your use or purchase of the Products on any other website, blog, article, or social media website (“Your Content”), you hereby grant Kote a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website and Products, including but not limited to advertising, promoting, and marketing the Website or Products, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content. 

1. Disclaimer of Warranties 

YOU AGREE TO USE THE WEBSITE AND THE PRODUCTS AT YOUR SOLE RISK. ALL PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

1. Limitation of Liability 

IN NO EVENT SHALL KOTE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND/OR WHETHER KOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

KOTE’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR A PRODUCT. 

1. Dispute Resolution; JAMS

If a controversy or claim should arise, you and Kote (the “Parties”) will attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by JAMS International Arbitration Rules excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the Parties. The Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. Judgment may be entered in any court having jurisdiction. If a party does not respond to request to negotiate or arbitrate, the non-breaching party may file a claim in court. 

1. Notices

Kote may provide any notice to you under these Terms by: (a) sending a message to the e-mail address you provided; or (b) by posting directly to the Website. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Website.

 

To provide Kote notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent.

14. Miscellaneous 

Third Party Content. The Website may contain links and references to other third-party service providers (“Third Party Content”). This Third Party Content is provided as additional information. Kote is not responsible for any Third Party Content or the actions of those providing such content. Any information regarding a Third Party found on the Website does not imply that Kote endorses or accepts any responsibility or liability for the Third Party, or vice versa. 

Indemnification. By using the Website or purchasing the Products, you agree to indemnify, defend, and hold harmless Kote (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with: (a) any breach or alleged breach of any representation or warranty by Kote; (b) any unauthorized use of your information; or (c) any other actual or alleged unauthorized action by Kote, including without limitation, a breach of any term of these Terms. The obligation for indemnification shall survive.

Privacy Policy. Kote respects your privacy and is committed to protecting it. To learn more please visit the Privacy Policy available on the Website, which governs the processing of all personal data collected from you in connection with your use of the Website. You acknowledge and consent to the collection and use of your personal information by Kote. 

Governing Law and Jurisdiction. The Website is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of Delaware.

Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Waiver. The failure by Kote to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Kote.

Force Majeure. Kote will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

These Terms and the Website’s Privacy Policy will be deemed the final and integrated agreement between you and Kote on the matters contained in these Terms. You may also be subject to additional terms that may apply when you use or make a purchase on the Website. You acknowledge and agree that these Terms are binding and shall govern the relationship between Kote and you in connection to the use of the Website and the Products as defined herein.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Kote arising out of or related to the use of the Website, Products, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have any questions, please contact Kote:

E-mail: hello@koteroom.com