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Coco Republic
3225 Helms Ave
Los Angeles, CA 90034
Terms & Conditions
Welcome to the website of Coco Republic US, LLC, a Delaware limited liability company (“Coco Republic,” “we,” “us,” or “our”). The following terms and conditions (these “Terms of Use”), together with any documents they expressly incorporate by reference, including, without limitation, our Privacy Policy accessible at <https://www.cocorepublic.com/privacy-policy> (“Privacy Policy”), govern your (“you” or “User”) access to and use of the website located at <https://www.cocorepublic.com/> including any provided content, functionality, and services (collectively, the “Website”). These Terms of Use also govern your purchase of any goods or services offered on or through the Website (“Products”).
2.1 PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE OR MAKING ANY PURCHASE OF PRODUCTS ON OR THROUGH THE WEBSITE. BY USING THE WEBSITE, MAKING ANY PURCHASE OF PRODUCTS ON OR THROUGH THE WEBSITE, REGISTERING WITH OR CREATING AN ACCOUNT FOR THE WEBSITE, OR CLICKING “ACCEPT” OR CHECKING THE APPLICABLE BOX FOR MANIFESTING ACCEPTANCE OF THESE TERMS OR USE (IF PROVIDED), YOU ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY, THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
FOR US RESIDENTS: WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, THE PRIVACY POLICY, OR THE TERMS OF SALE, YOU MUST NOT ACCESS OR USE THE WEBSITE, PURCHASE ANY PRODUCT ON OR THROUGH THE WEBSITE, AND/OR REGISTER FOR AN ACCOUNT ON THE WEBSITE.
2.2 This Website is offered and available to users who have reached the age of majority in their jurisdiction of residence. By using this Website, purchasing Products on or through the Website, or registering for an account on the Website, you represent and warrant that you are of legal age to and have the requisite capacity and authority to form a binding contract with Coco Republic. If you do not meet these requirements, you must not access or use the Website, purchase any Products offered on or through the Website, or register for an account on the Website.
3.1 We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter, including, without limitation, the purchase of Products on or through the Website.
3.2 Your continued use of the Website or purchase of any Products following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website or purchase Products so you are aware of any changes, as they are binding on you.
4.1 We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
4.2 You are responsible for: (a) making all arrangements necessary for you to have access to the Website and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
4.3 Accounts. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You understand that all personal information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
5.1 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, “look and feel,” and the design, selection and arrangement thereof), are owned by Coco Republic, its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
5.2 These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: (a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) You may store files that are automatically cached by your Web browser for display enhancement purposes; (c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; and (d) If we provide social media features with certain content, you may take such actions as are enabled by such features.
5.3 You must not: (a) modify copies of any materials from the Website; or (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
5.4 You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. Without limiting the generality of the foregoing, you may not use the Website for benchmarking or purposes competitive with Coco Republic.
5.5 If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Coco Republic. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Coco Republic, the associated logo and all related names, logos, product and service names, designs and slogans are trademarks of Coco Republic or its affiliates or licensors. You must not use such marks without the prior written permission of Coco Republic. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
7.1 You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (a) in any way that violates any applicable federal, state/provincial/territorial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) for purposes other than your personal, non-commercial use; (c) for purposes of benchmarking the Website or Products or any other purpose competitive with Coco Republic or its Products; (d) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (defined below) set out in these Terms of Use; (f) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (g) to impersonate or attempt to impersonate Coco Republic, a Coco Republic employee, another user or any other person or entity (including, without limitation, by using e-mail addresses, screen names, and/or social media handles or similar names associated with any of the foregoing); and/or (h) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm Coco Republic or users of the Website or expose them to liability.
7.2 Additionally, you agree not to: (a) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (b) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (c) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior
written consent; (d) use any device, software or routine that interferes with the proper working of the Website; (e) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (g) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and/or (h) otherwise attempt to interfere with the proper working of the Website.
8.1 The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, review features, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website or through any social media accounts associated with you or Coco Republic, including, without limitation, any Facebook, Twitter, Pinterest, Instagram, and YouTube pages and accounts (“Social Media Accounts”).
8.2 All User Contributions must comply with the Content Standards set out in these Terms of Use.
8.3 Any User Contribution you post to either the Website or Social Media Accounts will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or through the Social Media Accounts, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
8.4 You represent and warrant that: (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns and (b) all of your User Contributions do and will comply with these Terms of Use.
8.5 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Coco Republic, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
8.6 We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Social Media Accounts.
9.1 We have the right, but not the obligations, to: (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, the Social Media Accounts, or the public or could create liability for or diminish the reputation of Coco Republic; (c) subject to applicable law, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take
appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Social Media Accounts; and/or (e) terminate or suspend your access to all or part of the Website or Social Media Accounts for any or no reason, including without limitation, any violation of these Terms of Use.
9.2 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities pursuant to a search warrant or other legally valid inquiry or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the Social Media Accounts. YOU WAIVE AND HOLD HARMLESS COCO REPUBLIC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
9.3 However, we cannot review all material before it is posted on the Website or the Social Media Accounts, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10.1 These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety (i) comply with all applicable federal, state/provincial/territorial, local and international laws and regulations and (ii) be accurate and truthful at the time of posting and not made with the purpose of intentionally harming Coco Republic, the Website, Products, or any other user. Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and/or (j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.Placeholder
11.1 We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) Your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
11.2 Our designated copyright agent to receive DMCA Notices is:
Coco Republic US, LLC
ATTN: Copyright Agent
5880 E. Slauson Ave, Commerce, CA 90040
11.3 If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
11.4 Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
11.5 It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
12.1 The information presented on or through the Website is made available solely for personal, non-commercial, general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
12.2 This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Coco Republic, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Coco Republic. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Please review our Privacy Policy for information on how we collect, use, disclose and otherwise treat personal information.
15.1 This Section 15 applies to all purchases through this Website or other transactions for the Products, formed through the Website or as a result of visits made by you. Each Product that is purchased directly from Coco Republic may be covered by the warranties and other terms and conditions applicable to each Product and provided to you at the time of purchase (the “Product Warranties”). The Product Warranties are incorporated by reference into these Terms of Use. To the extent there is a conflict between the terms of any Product Warranty and these Terms of Use, the terms of the applicable Product Warranty shall govern.
15.2 Limitation on Sales. Without limiting the applicability of Section 15.3, You may only purchase Products for your personal, residential use, Products made available for purchase on or through the Website are not for commercial or industrial use, including, without limitation, purchases of Products for business, hotel, institutional or other similar uses or purposes.
15.3 Order Acceptance and Cancellation. You agree that your Product order is an offer to buy, under these Terms of Use, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the applicable Products. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the Products you have ordered. Acceptance of your order and the formation of the contract of sale between Coco Republic and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email.
15.4 Prices and Payment Terms.
15.4.1 Prices. The price for Products available for purchase through the Website will be displayed to you on the Website in U.S. Dollars. The prices displayed do not include taxes, customs duties, or any other applicable fees, including, without limitation, any shipping, handling, insurance, or recycling fees. Any applicable taxes or fees will be communicated to you before you place an order. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel, terminate or not to process any orders (including accepted orders) arising from such errors or inaccuracies.
15.4.2 Payments. Coco Republic is not a bank, credit union, payment processor, or other financial institution. As such, the Website currently uses third-parties to process payments for transactions consummated through this Website (“Payment Processors”). By utilizing the Website to purchase Products you authorize a Payment Processor to charge your credit card or other payment method. Our third-party Payment Processors accept payments through various credit cards as detailed on the applicable payment screen. Transactions processed via the Website may also be subject to the terms and conditions of the applicable Payment Processor. Financing, should it become available, will be subject to additional terms and conditions. You represent and warrant that (i) the credit card information you supply to such Payment Processors is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Coco Republic is not responsible for any errors by the Payment Processor.
15.5 Shipments; Delivery; Title and Risk of Loss; In-Home Set Up. We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Products may only be shipped to the United States (not including US territories) or Canada. Certain Products may only be shipped to the contiguous United States (not including Alaska, Hawaii, US territories, or Canada. Title and risk of loss pass to you upon delivery of the Products (by us or our manufacturer) to the carrier at the place of shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are responsible for filing any claims with carriers for damaged or lost shipments. For an additional fee, Coco Republic may make in-home set up available to you. For in-home setup, a customer or adult must be present at the scheduled time and delivery address. If no adult is present at the time of delivery, Coco Republic or its carrier reserves the right to leave the package with a secure receiving authority (e.g., doorman, concierge, or building package center). In-home setup fees are final and will not be refunded in the event you return any of the Products. In-home setup fees are subject to additional terms and conditions.
15.6 Returns and Refunds. Subject to the terms of this Section 15.6 and notwithstanding any returns made under the Product Warranties, as long as such Product was not designated as non-returnable at the time of your purchase, we will accept a return of Products for a refund of your purchase price, less the original shipping and handling costs and in-home set up fees, provided the applicable Product is delivered to the applicable third party carrier no later than 30 days after the date of delivery. For returns of all Products, the Products must be returned in their original condition and along with their original packaging. To return Products, you must provide your order number, contact information, and the reason for your return. Once you have submitted your return request, a customer service representative will contact you within two (2) business days via the phone number provided. Failure to comply with this procedure may limit your ability to return the purchased Products. Shipping and handling for returns of any Products returned under this Section 15.6 are at customer’s cost, provided that the applicable Product is located in the eligible shipping area indicated above. All returns must be delivered to the third party carrier specified by Coco Republic no later than 30 days of delivery. Coco Republic will not accept returns of Products delivered by third party carriers other than those identified by Coco Republic. Refunds are processed within a reasonable time after our receipt of your Products. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE.
15.7 Discount and Offer Codes. Occasionally and from time to time, Coco Republic may offer qualified consumers “discount codes,” “promo codes,” “coupon codes,” “gift codes” or “offer codes” through a range of advertisements, promotional programs and other communications efforts (collectively referred to herein as “offer codes”) that are redeemable towards purchase(s) on the Website or in our retail stores. These offer codes are available only while supplies last and are subject to certain Product, minimum price exclusions or any other restrictions as may be determined and communicated by Coco Republic in its sole discretion. Only valid offer codes provided or promoted by Coco Republic will be considered valid and honored at checkout. Codes supplied or promoted by third parties unauthorized by Coco Republic (including any unauthorized third-party websites) will not be honored and are not considered valid. Each offer code promoted by Coco Republic is non-transferable and valid for single use on an item (or items) as determined by Coco Republic. Offer codes may not be combined with any other offer codes or promotional activities, are valid only on full-priced products unless stated otherwise. They will not be honored on any items that are marked as “Closeout” or “Final Sale” unless stated otherwise, and may not be used in conjunction with any other promotional programs that may be issued through our retail partners. Customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘discount code’ field at checkout. Offer codes may or may not be valid for use by customers that elect to finance their purchase, if such option is provided. Coco Republic does not accept responsibility for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions, “rain checks,” or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned which causes the order to no longer meet any restrictions of an offer code used in the transaction. If an offer code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying Product. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
16.1 This Website may provide certain features that enable you to: (a) link from your own or certain third-party websites to certain content on this Website; (b) send e-mails or other communications with certain content, or links to certain content, on this Website; and/or (c) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
16.2 You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Website other than the homepage; and/or (d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
16.3 The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
16.4 You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
16.5 We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
19.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
19.2 EXCEPT FOR THE PRODUCT WARRANTIES, YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COCO REPUBLIC NOR ANY PERSON ASSOCIATED WITH COCO REPUBLIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER COCO REPUBLIC NOR ANYONE ASSOCIATED WITH COCO REPUBLIC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
19.3 EXCEPT FOR THE PRODUCT WARRANTIES, COCO REPUBLIC HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
19.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20.1 IN NO EVENT WILL COCO REPUBLIC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
20.2 THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Coco Republic, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and Products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website
To the extent permitted by applicable law, all matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be 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 (whether of the State of Delaware or any other jurisdiction).
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND COCO REPUBLIC HAVE AGAINST EACH OTHER ARE RESOLVED. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
This Section 23 does not apply to residents of Canada ordering Products for delivery into Canada.
23.1 Any dispute, claim or controversy among the parties arising out of or relating to these Terms of Use, the Website, or the Products and services you purchase on or through it (“Dispute”) shall be finally resolved by and through binding arbitration administered by the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, which you can find at www.adr.org. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction. If the value of the relief sought is $10,000 or less, you or Coco Republic may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Coco Republic subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Coco Republic may attend by telephone, unless the arbitrator requires otherwise. Notwithstanding the foregoing, you may elect to pursue your claim in small-claims court rather than arbitration and you provide us with written notice of your intention do so within 60 days of the event giving rise to the claim. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. Nothing in this paragraph shall be deemed as preventing Coco Republic from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
23.2 For any Dispute, the place of arbitration shall be your county of residence.
23.3 The cost of the arbitration proceeding, including, without limitation, each party’s attorneys’ fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.
23.4 RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST COCO REPUBLIC, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND COCO REPUBLIC AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND COCO REPUBLIC, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
23.5 THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS AND FEDERAL LOCATED IN LOS ANGELES COUNTY, CALIFORNIA.
23.6 WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION BE STRICKEN FROM THESE TERMS OF USE OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND INAPPLICABLE, AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.
SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
25.1 No waiver of by Coco Republic of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Coco Republic to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
25.2 If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect
The Terms of Use, our Privacy Policy, and the Product Warranties constitute the sole and entire agreement between you and Coco Republic with respect to the Website and the Products and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
When you visit the Website, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
28.1 The term of these Terms of Use shall commence on the date on which you agree to be bound by these Terms of Use and shall continue until terminated as provided herein. Upon termination of these Terms of Use for any reason, all rights granted to you shall immediately terminate, and you shall cease using the Website.
28.2 Coco Republic may, in its sole discretion, at any time, without explanation, upon written notice to you, terminate these Terms of Use. After these Terms of Use terminate, the terms and conditions that expressly or by their nature contemplate performance after termination will survive and continue in full force and effect, including the provisions requiring arbitration, protecting intellectual property, indemnification, payment of fees, reimbursement, and limitation of liability. The termination of these Terms of Use for any reason will not release you from any obligations incurred prior to termination or that thereafter may accrue in respect of any act or omission prior to such termination.
29.1 All notices of copyright infringement claims should be sent to the copyright agent designated in Section 11 in the manner and by the means set forth therein.
29.2 All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: customercare@cocorepublic.com
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Coco Republic
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