TERMS & CONDITIONS

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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

THESE TERMS AND CONDITIONS (THE “TERMS”) GOVERN YOUR USE OF THE KOLIBRI WEBSITE (THE “SITE”) AND CONSTITUTE A CONTRACT BETWEEN YOU AND KOLIBRI (“KOLIBRI”).  BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU AGREE TO BE BOUND TO THESE TERMS AND KOLIBRI’S PRIVACY POLICY.  ALL REFERENCES TO “YOU” OR “YOUR”, AS APPLICABLE, MEAN THE PERSON WHO ACCESSES OR USES THE SITE IN ANY MANNER, AND EACH OF SUCH PERSON’S SUCCESSORS, HEIRS, AND ASSIGNS.  KOLIBRI RESERVES THE RIGHT TO DENY ACCESS TO THE SITE TO ANY PERSON WHO VIOLATES THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS IN THEIR ENTIRETY, PLEASE DISCONTINUE YOUR USE OF THE SITE IMMEDIATELY.

ELIGIBILITY

This Site is intended solely for persons who are 18 or older.  Any access to or use of the Site by anyone under 18 is expressly prohibited.  By accessing or using the Site you represent and warrant that you are 18 or older.

COPYRIGHT

The entire content included in the Site, including but not limited to text, photographs, images, graphics, source and object code, as well as its selection and arrangement, is owned by Kolibri. Kolibri reserves all rights it may have at law or in equity.  You may download and print a single copy of any portion of the Site for the sole purpose of placing an order with Kolibri or purchasing Kolibri products, provided that you do not change or delete any proprietary notices from materials downloaded from the Site. No other use is permitted without the prior written permission of Kolibri.

TRADEMARKS

All trademarks, service marks, and trade names of Kolibri used in the Site are trademarks or registered trademarks of Kolibri.  Kolibri does not claim ownership in the trademarks or service marks owned by retail partners, advertisers, or third parties that are displayed on the Site.

DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK

THE SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”, AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. KOLIBRI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE FOREGOING, KOLIBRI MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION YOU MAY OBTAIN THROUGH YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS, OR (E) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE IS OBTAINED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH CONTENT.

NO ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE WILL CREATE ANY WARRANTY WITH RESPECT TO THE SITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KOLIBRI NOR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR PROVIDERS, WILL BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF KOLIBRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT, KOLIBRI’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO KOLIBRI DURING THE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kolibri, its affiliates, and their respective directors, officers, members, managers, employees, agents, representatives, licensors, and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorney’s fees, arising out of a breach of these Terms or otherwise from use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your internet account.  Kolibri reserves the right to assume partial or exclusive control over the defense of any matter subject to indemnification by you, in which case you agree to fully cooperate with Kolibri in asserting any available defenses.

TYPOGRAPHICAL ERRORS

If a Kolibri product is mistakenly listed at an incorrect price, Kolibri reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price. Kolibri reserves the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged or not. If your credit card has already been charged for the purchase and your order is cancelled, Kolibri shall issue a credit to your credit card account in the amount of the incorrect price.

TERMINATION

These Terms are applicable to you upon your accessing the Site. These Terms or any part thereof may be terminated by Kolibri without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.  Kolibri may periodically change these terms and conditions in its sole discretion, and your continued use of the Site constitutes your acceptance of the revised Terms.  Please check this “Terms of Service” page for updates from time to time, as this is typically the only way Kolibri will notify you of any changes to the Terms.

MISCELLANEOUS

Any dispute arising out of or in connection with these Terms or your use of the Site will be governed by the laws of the State of California, without regard to its conflict-of-laws principles. You agree that any cause of action or proceeding concerning any such dispute must be brought in San Diego County, and you waive any objection to such venue.

You also agree that the remedy at law for your breach or threatened breach of the Terms may, by its nature, be inadequate, and that Kolibri will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or proving that any monetary damage has been sustained.  You further agree that regardless of any statute or law to the contrary, any cause of action or proceeding against Kolibri and arising out of or in connection with the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. Kolibri’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kolibri may assign its rights and duties under these Terms to any party at any time without notice to you.

THIRD-PARTY LINKS

To provide increased value to our visitors, Kolibri may link to websites operated by third parties. However, even if the third party is affiliated with Kolibri, Kolibri has no control over these linked websites, all of which have separate terms and conditions, and privacy and data collection practices independent of Kolibri. These linked websites are provided only for your convenience and therefore you access them at your own risk.

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© Copyright 2018 Kolibri

The information contained herein is subject to change without notice. The only warranties for Kolibri products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. Kolibri shall not be liable for technical or editorial errors or omissions contained herein.