Terms & Conditions
AGORA KODIAK LEATHER TERMS OF SERVICE AND SALE
This website is operated by Agora Kodiak Leather (c/o Agora Brand LLC). Throughout the site, the terms “we”, “us” and “our” refer to Agora Kodiak Leather (c/o Agora Brand LLC) (the “Company”). We offer this website, including all information, tools, and services available from this site (the “Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Services, including to our current store, shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of our Services or access to our website following the posting of any changes constitutes acceptance of those changes. You can review the most current version of the Terms of Service at any time at this page.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
A. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence.
You may not use our products for any illegal or unauthorized purpose, and you agree that you will use the Services responsibly and in compliance with all applicable laws and these Terms.
You agree that you will not hack into the Services or employ any robot, spider or other device or process to use the Services for unauthorized purposes. You further agree that you will not take any action or do anything which imposes an unreasonable burden on or interferes with the Services.
If we determine that you are or have been engaged in prohibited activities, were not respectful of others, or otherwise have violated the Terms, we may avail ourselves of any and all remedies under these Terms or under law, including denying you access to the Services on a temporary or permanent basis, without notice.
B. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
C. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
With respect to information and other material made available through the Services (“Information”)
- we are not responsible if Information is not accurate, complete or current; and
- the Information is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the Information is at your own risk.
This site may contain certain historical Information. Historical Information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Information at any time, but we have no obligation to update any such Information. You agree that it is your responsibility to monitor changes to our Services.
We make no representations about the suitability, reliability, timeliness, comprehensiveness or accuracy of the Information, services and other content contained on the Services. You are solely responsible for the use or the interpretation of all the content of the Services.
D. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice to you at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
E. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy https://kodiakleather.com/pages/returns-exchanges
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
F. METHOD OF PAYMENT
You may pay for your purchase using AfterPay, Shop Pay, Amazon Pay, Google Pay, or PayPal to charge the applicable card for all charges associated with your purchase.
You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and we will have no obligation to fulfill your order.
You may pay for your purchase using a gift card and you represent and warrant that you have the right to use such means of payment that you provide to us.
If your method of payment is rejected by the provider or has insufficient funds, your order will not be shipped and we will have no obligation to fulfill your order. All billing and registration information provided by you to us must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms.
Your credit card will not be charged until the order has shipped. You will be charged at the time your order is placed for orders or preorders paid for with a gift card.
Your order will be shipped by one of our third-party carriers. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped. We are not responsible for any loss of the products following shipment from our or our agents' or mandatories' facilities to your delivery address. For home shipping, the products you purchased may be shipped to you separately. If your products are shipped separately, the charges for your items, which includes the shipping fees, will be charged to your selected credit card by us in one or more charges, as products are shipped (except for orders or preorders paid for with Credit Card, PayPal or Gift Card where you will be charged at the time your order is placed).
H. TEXT MARKETING AND NOTIFICATIONS
By entering your phone number in the checkout and initializing a purchase, you agree that we may send you the notifications for your order, including abandoned cart reminders, and text marketing offers. Text messages marketing will not exceed 10 per month. You can unsubscribe from further text messages by replying STOP. Message and data rates may apply.
I. CANCELLATION, RETURNS, REFUNDS, AND EXCHANGES
You may have certain statutory rights to cancel your order under applicable laws (including state or provincial consumer protection laws) and we will respect all such applicable laws. In addition to these statutory rights, returns of product purchased on the Site are governed by our Refund Policy https://kodiakleather.com/pages/returns-exchanges
Please review the Refund Policy and print and retain a copy for your records.
J. ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‐mail, billing address, or 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.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
K. THIRD-PARTY TOOLS
We may provide you with access to third-party tools which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services or features through the website (including, the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.
L. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
M. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any of the following:
- submissions you make in response to a request from us (for example contest entries);
- your feedback, comments, reviews of the website, review of products or services you purchase through us, or suggestions for improvements to our website, products or services; or
- your creative ideas, proposals, plans, or other materials.
We are and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‐mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments.
You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
We may, but have no obligation to, monitor, edit or remove content on our website that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
N. PERSONAL INFORMATION
O. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
P. INTELLECTUAL PROPERTY RIGHTS
All content, information, data, database content, photographs, images, videos, software, trademarks, logos, designs, publicity slogans, source code, inventions, knowhow, or other Company material protected by copyright, patent and other applicable intellectual property laws accessible on or through the Services (the “Content”) are the exclusive property of the Company or the property of third parties who granted permission to use such Content on the Services, or both.
Unless prior written authorization has been given by us, all Content included on the Services regarding products and services offered by us is provided for informational purposes only.
Without express written permission from us, you agree not to reproduce, duplicate, copy, sell, resell or exploit any contact on the website through which the Service is provided or any portion of the
- Service or the Content,
- use of the Service, or
- access to the Service.
You are not authorized to modify, reproduce, re-edit, transfer, forward, transmit, publish, distribute or create derivative works of the Content without prior written consent from us. However, you may download, print or reproduce the Content for personal use or in other circumstances permitted by law, provided that you keep all copyright notices or other legal notices it may contain.
You agree that you will not do or allow any third party to do anything which may infringe, damage or endanger our intellectual property rights or the intellectual property rights of a third party in respect of the Services.
Nothing contained in or accessible on the Services should be construed as granting any license or right of use of any other person’s or entity’s trademark which is displayed on the Services without their express permission.
All unauthorized use of the Content will be considered a violation of the intellectual property rights of the Company.
Q. COPYRIGHT POLICY
We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
R. TAGGED MEDIA
The Services includes any of our social media and similar accounts including those on Facebook, Twitter and TikTok, Instagram, LinkedIn and any other platform now in existence or future platforms and any and all content posted, communicated or otherwise made available through or posted on these accounts. The Services also includes any information, including any media, posted by users that tags or mentions any of the preceding accounts, uses hashtags associated with the Company (such as, but not limited to, #KodiakLeather) or is posted on our social media accounts (“Tagged Media”).
You acknowledge and agree that the Tagged Media may be used in our Services, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services, and similar promotional purposes, including after you terminate your account or your use of the Services.
You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
S. USER CONTENT
“User Content” means any text, graphics, images, videos, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Comments and Tagged Media.
Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint us as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.
You are solely responsible for all of your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third-party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
The Services may allow you to download Content, including files, images, information, code, software, and PDF documents (collectively, the “Downloadable Content”). The Downloadable Content is licensed to you for your personal and non-commercial use only. You agree to maintain all copyright and other proprietary notices in the Downloadable Content and that we retain complete title to the Downloadable Content and all the intellectual property rights therein.
All risk associated with the use of, or reliance on, the Downloadable Content rests with you. You further agree that we, to the maximum extent permitted by law, make no warranties regarding the Downloadable Content, and will without limiting the Disclaimer of Warranties and Limitation of Liability section (see section Y below), will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Downloadable Content.
U. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Service or our products and services including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Services or our products and services (“Company Materials”). The Company Materials may not be used for any purpose other than the use of our services and products or the purposes for which it was disclosed including via the Services. Nothing in these Terms may be interpreted as granting any license of intellectual property rights to you in connection with Company Materials.
V. NO COMMERCIAL USE
The Service is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine, or sell any Content, software, products, or services contained within the Services. You may not use the Services, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
W. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services, including the site and its content:
- to solicit others to perform or participate in any unlawful acts;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
X. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
We will not be held responsible for any damage resulting from any virus, worm or other destructive or invasive computer program. We do not warrant that any security defects, vulnerabilities or errors in the Service or the website will be identified or remedied.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
We are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL THE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID FOR THE SERVICES OR US$100 FOR RESIDENTS OF THE UNITED STATES OR ANY OTHER JURISDICTION EXCEPT CANADA, AND CAD$100 FOR RESIDENTS OF CANADA.
By accessing or using the Services, you accept that you will indemnify and hold the Company and any of its affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless against all liabilities, damages, losses, actions, costs, legal fees, claims, demands and causes of action whatsoever at law, in equity or under statute, that the Company may suffer or incur as a result of: (a) your access to and use of the Services; (b) from any other alleged violation of the present Terms; and (c) infringement by you, or any third party using your account, computer, mobile phone, table or any such device, of any intellectual property or other right of any person or entity. You acknowledge that any of the preceding can cause substantial harm to the Company, including (but not limited to) the Company’s activities, reputation and stakeholders, and that such damages are not remote or otherwise unrecoverable at law.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site (if you have an account or user profile, you will be considered to be using our site until the account or profile is deactivated).
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; or accordingly may deny you access to our Services (or any part thereof).
At all times, we shall have the discretion to take such action as we deem necessary, in our sole discretion, to preclude a violation, and we shall not be liable for any damages of any nature suffered by you or a third party resulting from our exercise of our rights under these Terms.
Upon any termination, discontinuation or cancellation of services or your Account, the following sections of the Terms will survive: User Comments, Feedback, and Other Submissions; Intellectual Property Rights; Copyright Policy; Tagged Media; User Content; Use of Company Materials; No Commercial Use; Disclaimer of Warranties and Limitation of Liability; Indemnification; Severability; Entire Agreement; Governing Law.
BB. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CC. GOVERNING LAW
These Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms will be governed by and construed in accordance with the laws of the State of Delaware and the federal laws of the United States of America applicable within Delaware without regard to conflict of law provisions. The applicable federal and state courts located in the State of Delaware will have exclusive jurisdiction to resolve any disputes relating to these Terms.
DD. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via email at email@example.com