Terms of Service

This Agreement was last modified on June 6, 2024.

PLEASE READ THESE TERMS OF SERVICE ("Agreement", "Terms of Service") CAREFULLY BEFORE USING THIS WEBSITE ("the Site"). This Agreement sets forth the legally binding terms and conditions for your use of the Site.

1. Acceptance of Terms

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. KoalatyPros does not share, rent or sell any personally identifiable Information with any third party.

2. User Accounts

You may be required to create an account ("Account") to access certain features of the Site. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are also fully responsible for all activities that occur under your Account. You agree to immediately notify Koalatypros of any unauthorized use of your Account or any other security breach. Koalatypros reserves the right to suspend or terminate your Account at any time without notice for any violation of these Terms of Service.

3. User Conduct

You agree to use the Site in a lawful and respectful manner. You agree not to: Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically offensive. Violate any intellectual property rights of others, including copyrights, trademarks, or patents. Use the Site for any commercial purposes without our express written consent. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Interfere with or disrupt the servers or networks connected to the Site, or violate any applicable regulations, laws, or orders. Collect or store personal data about other users without their express consent. Use the Site to engage in any activity that could damage, disable, overburden, or impair the Site.

4. Intellectual Property

The Site and its original content, features and functionality are owned by Koalatypros and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to reproduce, modify, distribute, transmit, display, sell, license, or create derivative works from the Site content without our express written consent.

5. Termination

We may terminate your access to the Site, with or without cause, upon written notice to you. You may also terminate your access to the Site at any time. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KOALATYPROS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. KOALATYPROS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE CONTENT AVAILABLE ON THE SITE.

7. Limitation of Liability

IN NO EVENT SHALL KOALATYPROS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT ON THE SITE, USER CONTENT, OR ANY OTHER LINKED SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification

You agree to indemnify, defend and hold harmless Koalatypros, its officers, directors, employees, and agents from and against any and all claims, losses, liabilities, expenses, including attorney's fees, arising out of or relating to your use of the Site, User Content you submit, or your violation of any of these Terms of Service.

9. Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by us. Koalatypros has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

10. Governing Law and Jurisdiction

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of California, United States, without giving effect to any principles of conflicts of law.

11. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms of Service, the parties agree to attempt to resolve the dispute through informal negotiation. If the parties are unable to resolve the dispute through informal negotiation, then the dispute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be held in Miami, Florida, and the decision of the arbitrator shall be final and binding on both parties.

12. Entire Agreement

These Terms of Service constitute the entire agreement between you and Koalatypros regarding your use of the Site.

13. Severability

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14. Waiver

The failure of Koalatypros to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

15. Headings

The headings used in this Agreement are for informational purposes only and shall not be considered part of these Terms of Service.

16. Electronic Communications

By using the Site, you agree to receive electronic communications from Koalatypros, such as emails, notifications, and texts. You also agree that any notices we send you electronically will satisfy any legal communication requirements. You can opt out of receiving marketing emails by clicking on the "unsubscribe" link in those emails.

17. Digital Millennium Copyright Act ("DMCA") Notice

Koalatypros respects the intellectual property rights of others. If you believe that content on the Site has been infringed upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). You can find information about the DMCA and how to submit a notification at the U.S. Copyright Office website: https://copyright.gov/.

18. Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

19. Contact Us

If you have any questions about these Terms, please contact us by email at [email protected].