Terms & Conditions
Korkers Products, LLC Web site
This web site is owned and operated by Korkers Products LLC. PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING KORKERS WEB SITE. By using this site, you signify your agreement with these Terms and Conditions of Use. If you do not agree to these terms and conditions, please do not use or further access this site.
MINORS. You agree to supervise usage by, and be responsible for the actions of, any minors who use your computer to access this site. By providing information or placing an order, you represent and warrant that you are at least thirteen (13) years of age.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the Korkers Privacy Policy, incorporated herein by this reference, for complete information relating to the collection and use of your personal information.
MODIFICATION OF THESE TERMS OF USE. Korkers reserves the right to change the terms and conditions under which this site is offered by making changes to these Terms and Conditions of Use. You are responsible for regularly reviewing these Terms and Conditions of Use. Your continued use of this site constitutes your agreement to all such terms and conditions.
LINKS TO OTHER SITES. This site may contain images of and links to other web sites that are independently run sites outside of the korkers.com domain. Korkers has no control over or responsibility for the content of such independent sites, which have their own privacy and data collection practices and terms of use, independent of Korkers. Korkers is providing these links to you only as a convenience. Neither these sites, nor any content available through links to and from them, are screened, reviewed or endorsed by Korkers. Korkers has no liability for any damages caused by the use or inability to use such third party sites.
FORWARD LOOKING STATEMENTS. This site, including the reports and audio and visual materials available through this site, includes forward looking statements, including statements concerning liquidity, future financing and working capital requirements and availability. These forward-looking statements, and others made from time to time by management, are subject to many risks and uncertainties. Many factors could cause actual results to differ materially from those projected in such forward looking statements, including risks described in our filings with the Securities and Exchange Commission. Risk factors that may affect liquidity, future financing and working capital requirements and availability include, but are not limited to, business disruptions and costs arising from acts of terrorism or military activities around the globe; unfavorable economic conditions generally and weakness in consumer confidence; the financial health of Company customers; the Company's ability to effectively deliver its products to customers in a timely manner due to potential service interruptions (including, but not limited to, those related to labor disputes at western U.S. ports); effects of unseasonable weather (for example, warm weather in the winter and cold weather in the spring which affects demand for the Company's products); the Company's reliance on product acceptance by consumers; dependence on independent manufacturers and suppliers; the Company's ability to successfully complete and integrate its new distribution center in Europe with existing operations; effectiveness of the Company's sales and marketing efforts; intense competition in the industry (that the Company expects to increase); the Company's ability to achieve and manage growth effectively; international risks including trade disruptions, political instability in foreign markets, exchange rate fluctuations, changes in quotas and tariffs or other duties; and the Company's ability to establish and protect its intellectual property. The Company does not undertake any obligations to update this forward-looking information to conform it to changes in circumstances or expectations.
TRADEMARKS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS. "Korkers," "Omnitrax," and "Kling On," along with the associated design logos and other marks that may appear on this web site are trademarks or registered trademarks of Omnitrax, Inc. in the United States and other countries. You may not copy, reproduce, republish, distribute, upload, post, transmit, modify or use the trademarks in any manner. The names of other companies and products mentioned herein may also be the trademarks of their respective owners.
The entire content on this web site (including, but not limited to, design, images, text, audio and video clips, data, graphics, links, computer code, and other content and material) is copyrighted under United States and other copyright laws and is the property of Omnitrax, Inc. The copyrighted material includes some works that are licensed to Korkers Products, LLC. In addition, some of the content on this web site is protected by trademark, privacy, and publicity laws.
The content on this web site is provided solely for your information, entertainment and educational use. It shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without Korkers express written permission. You shall not use in any manner any of the content from this web site on any other web site, online service or networked computer environment.
Subject to any expressly stated limitations on this web site, however, you may download or print portions of the content or trademarks on this web site on a single home computing device solely for your personal, non-commercial use, provided that you keep intact all copyright, trademark or other proprietary notices. Any other use is prohibited. Korkers will at all times retain complete ownership of the content and trademarks on this site.
NO UNLAWFUL OR PROHIBITED USE. You shall not use this site for any purpose that is unlawful or prohibited by this agreement, or in any manner that could damage, disable, overburden, or impair Korkers or interfere with any other party's use and enjoyment of this site. You shall not attempt to gain unauthorized access to any Korkers accounts, computer systems or networks through hacking, password mining or any other means, or interfere with or modify in any manner the appearance or operation of this site. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through this site.
DISCLOSURE OF INFORMATION. Korkers reserves the right at all times to monitor your use of this site and to disclose any information as Korkers deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect its rights or a third party's safety.
DISCLAIMER OF WARRANTY. THIS WEB SITE AND THE CONTENT ON IT ARE PROVIDED "AS IS." KORKERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. KORKERS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT WILL KORKERS, ITS AFFILIATES, EMPLOYEES, DIRECTORS, SHAREHOLDERS, CONTRACTORS, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES RESULTING FROM YOUR USE OR INABILILTY TO USE THIS SITE, EVEN IF KORKERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO DAMAGES FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY OR OTHERWISE. IN NO EVENT WILL KORKERS'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, SO THESE MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to defend, indemnify and hold Korkers and any of its officers, directors, employees, agents and affiliates harmless from and against any and all claims, actions, liabilities, costs or damages asserted by any third party arising from or related to your use of this site or conduct in connection therewith, or otherwise arising from or related to your use of this site. You further agree to pay our reasonable attorneys' and expert witness fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this paragraph.
SEVERABILITY. Should any part or portion of this agreement be found or held to be invalid or unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this agreement, which shall remain in full force and effect unless Korkers's obligations hereunder are materially impaired.
GOVERNING LAW; VENUE AND JURISDICTION; ATTORNEYS' FEES. The rights and liabilities of the parties arising out of or relating to this agreement or your use of this web site will be governed by the laws of the state of Oregon, exclusive of choice of law rules. Any legal action arising out of or relating to this agreement or your use of this web site will take place in the state or federal courts in the state of Oregon and nowhere else. In any such legal action, the substantially prevailing party will be entitled to recover reasonable attorneys' fees incurred in the preparation for and prosecution or defense of such action as fixed by the trial court or appellate court. You agree that any cause of action arising out of or related to this site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
ENTIRE AGREEMENT. This constitutes the entire agreement between you and Korkers regarding the access and use of this web site.
TERMINATION. Korkers reserves the right to terminate or modify this agreement at any time. All provisions regarding the protection and ownership of Korkers's intellectual property, disclaimer of warranties, limitations of liability, governing law, and attorneys' fees will survive termination.
Korkers Footwear Messaging Terms & Conditions
This SMS message program is a service of Korkers Footwear. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Korkers Footwear. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Korkers Footwear permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. Korkers Footwear reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Korkers Footwear also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Korkers Footwear, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
By enrolling in the Korkers Footwear messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our Korkers Footwear Terms of Use and Korkers Footwear Privacy Policy.
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/
Cancellation
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Korkers Footwear and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Korkers Footwear through any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
No Warranty
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Korkers Footwear OR ANY PARTY ACTING ON BEHALF OF Korkers Footwear BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Korkers Footwear HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Korkers Footwear HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Korkers Footwear MESSAGING PROGRAM. Korkers Footwear AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
Indemnity
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Korkers Footwear, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Korkers Footwear or its service providers.
Dispute Resolution
- General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Korkers Footwear or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Korkers Footwear ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Korkers Footwear to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Korkers Footwear will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- No Class Actions. YOU AND Korkers Footwear AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Korkers Footwear agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Korkers Footwear are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
- No Class Actions. YOU AND Korkers Footwear AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Korkers Footwear agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Korkers Footwear makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Korkers Footwear’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Korkers Footwear.
- Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Korkers Footwear after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/korkers/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/korkers/privacy_policy).
Entire Agreement/Severability
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Korkers Footwear concerning the Messaging Program.
Contact
Please contact us with any inquiries or concerns at
Korkers Products, LLC
Attn: Webmaster
1239 SE 12th Avenue, Portland, OR 97006
