Welcome to Komplete, LLC.’s (“Whalebird Kombucha,” “we,” or “us”) Whalebird Kombucha website, whalebirdkombucha.com and whalebirdkombucha.myshopify.com (the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). The Conditions govern your use and purchase of products (collectively “use”) of the Site. Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
The Site is intended solely for and only available to individuals who are at least thirteen (13) years of age. Use of this Site by anyone under the age of 13 is prohibited.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, registered or unregistered trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Whalebird Kombucha. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only, provided you also retain all copyright and other proprietary notices contained in the materials. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Komplete, LLC.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Whalebird Kombucha shall issue you a refund. Whalebird Kombucha does not accept returns or refunds on perishable products. If an item purchased on the Site is damaged or defective, please contact us and we will do our best to resolve any issues.
PRODUCT AND PRICE INFORMATION
All prices and products advertised are subject to change. Whalebird Kombucha takes care to list accurate prices but sometimes the Site may contain errors or out of date information. We are not bound by our offer or any prices on the Site and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Site.
All prices displayed on the Website are quoted in U.S. Dollars ($).
Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs, and all other applicable taxes, fees or charges of any nature, shall be added to the total amount of your purchase and will be displayed prior to checkout.
The images of the products on our Website are for illustrative purposes only. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
SHIPPING AND DELIVERY
Shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed. We can only fulfill domestic orders to home and office addresses and do not ship to P.O. Boxes.
USER GENERATED CONTENT
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Whalebird Kombucha a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Whalebird Kombucha and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Whalebird Kombucha the right to pursue at law any person or entity that violates your or Whalebird Kombucha’s rights in the User Generated Content by a breach of these Conditions. User Generated Content submitted by users is deemed non-confidential and Whalebird Kombucha is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Whalebird Kombucha reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Whalebird Kombucha is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Whalebird Kombucha or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Whalebird Kombucha from any claims that you could otherwise assert against Whalebird Kombucha by virtue of any moral rights.
2. Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the “Interactive Areas”). If Whalebird Kombucha provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
A. Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
B. Material that promotes illegal drug use, tobacco or firearms use;
C. Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
D. Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
E. Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
F. Unsolicited advertising or links to other commercial sites;
G. Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
H. Viruses, other malware, corrupted data or other harmful, disruptive or destructive files;
I. Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
J. Material that communicates messages inconsistent with the positive good will of Whalebird Kombucha; or
K. Material that, in the sole judgment of Whalebird Kombucha, is objectionable, or which may expose Whalebird Kombucha or its users to any harm.
Whalebird Kombucha takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Whalebird Kombucha liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Whalebird Kombucha is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Whalebird Kombucha has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Whalebird Kombucha reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site.
Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.
3. Comments and Submissions
Anything that you submit or post to the Site and/or provide Whalebird Kombucha, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as non-confidential and non-proprietary, and Whalebird Kombucha shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of Whalebird Kombucha and shall not be returned to you. Whalebird Kombucha is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Copyright Complaint Policy-Infringement Notification
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Whalebird Kombucha that your copyrighted material has been infringed.
Please provide the following information in the following order (including Section Numbers):
A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Site should be emailed to email@example.com with “Copyright Infringement” listed in the subject line.
We suggest that you consult your attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorney’s fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, Whalebird Kombucha has adopted a policy of terminating, in appropriate circumstances and at Whalebird Kombucha’s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. Whalebird Kombucha may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless Komplete, LLC., its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts in the County of San Luis Obispo, California.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (A) Whalebird Kombucha is not responsible for the contents of any embedded materials, linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) Whalebird Kombucha is not responsible for any other form of transmission received from any linked site. Whalebird Kombucha is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Whalebird Kombucha of the site. Any concerns regarding any such link should be directed to the particular third party website.
These Conditions are effective unless and until terminated by either you or Whalebird Kombucha. You may terminate these Conditions at any time. Whalebird Kombucha also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Whalebird Kombucha’s sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WHALEBIRD KOMBUCHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHALEBIRD KOMBUCHA DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. Whalebird Kombucha DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. Whalebird Kombucha RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WHALEBIRD KOMBUCHA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF WHALEBIRD KOMBUCHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST WHALEBIRD KOMBUCHA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF WHALEBIRD KOMBUCHA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, WHALEBIRD KOMBUCHA’S LIABILITY SHALL NOT EXCEED U.S. $50.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Unless otherwise specified and except to the extent Whalebird Kombucha products are offered for sale in the United States and select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Whalebird Kombucha’s products and services available in the United States and select foreign markets. This Site is controlled and operated by Whalebird Kombucha from its offices in San Luis Obispo, California. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Whalebird Kombucha to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.