BY USING THIS WEBSITE OR SUBMITTING PERSONAL INFORMATION TO KABOO, LLC THROUGH THIS WEBSITE, YOU (“USER”) ARE CONSENTING TO THE COLLECTION, USE, TRANSFER, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THIS USER AGREEMENT.
Scope of this User Agreement
In General. This User Agreement applies to each Website (“Website”) operated by Kaboo, LLC, 4752 W California Avenue, Building A, Suite 1000, Salt Lake City, UT 84104 USA (“Kaboo”) where this User Agreement can be accessed from a hyperlink on that Website.
Kaboo respects the privacy of our customers, partners and suppliers of products or services and clients. The purpose of this User Agreement is to provide you with information concerning how we collect personal information when you use this Website, and how we collect other information regarding your interaction with this Website without identifying you as an individual; how we use, handle and disclose collected information; and choices you may have about the ways we collect and use that information. Our goal in handling personal information provided to us is to comply with applicable data protection and privacy laws and to offer users of our Website notice, choice and consent regarding processing for direct marketing purposes, security, data integrity, access, and enforcement with regard to personal information.
"Personal information" means information that identifies you personally, either alone or in combination with other information available to us.
Supplemental Notices. This User Agreement may be supplemented or amended from time to time by additional notices posted on this Website. Such notices will provide supplemental information on how we collect and handle information, and is intended to be read together with this User Agreement.
Changes to this User Agreement
We may occasionally update this User Agreement. These updates may reflect, among other things, changes in applicable laws, rules or regulations, changes in our data collection practices, and/or changes to our business or services. Changes to our User Agreement will become effective 30 days after posting and will only apply to your personal information we hold if you use the site after the revised statement becomes effective. If revisions to the User Agreement materially affect how we may use Personal Information collected from you prior to the date of the revised statement, then we will request that you opt-in to the revised User Agreement. We will post an updated version of this User Agreement on the Website with a revised effective date, to let you know that we updated the User Agreement.
Collection of Information
We collect personal information you provide when you use this Website. This may include, but is not limited to, the following situations: where you are providing information when you request information about, or use, a product or service available through this Website, or information you provide when you purchase a product or service through this Website; where you are entering a contest or a promotion, ordering a newsletter or utilizing other informational tools; and where you are submitting an order or purchasing, downloading and/or registering products and/or signing up for additional services.
The information we collect may include, but is not limited to, your name, e-mail address, IP address, billing and/or shipping address, phone number, payment account information, and other information about you submitted to verify who you are or to prevent fraud. If you call our customer service, we may collect personal information you knowingly and voluntarily provide through your contact with our customer service representatives.
We furthermore collect information that is sent to us automatically by your web browser, which may include without limitation information that does not identify you personally (such as the date and time of your visit). The information we receive in such manner depends on the settings on your web browser. If you have created a user identity on one of your visits to this Website, we may link the information provided by your browser to information that identifies you personally and use it for the purposes described below. Please review the settings of your web browser if you want to learn what information your browser sends or how to change your settings.
Cookies and Web Beacons
Cookies. When you visit this Website, your computer may receive one or more “cookies” in order to help personalize and support your use of this Website, our services, and/or the services of our partners. A “cookie” is a small text file that is transferred to your computer’s web browser by a web server, and can be read by a web server in the same domain at a later time. If you do not wish to receive cookies or wish to manage when you accept cookies in general, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. We provide more information on this in the “Your Choices” section, below. Although you are not required to accept our cookies, if you set your browser to reject cookies, you may not be able to use all of the features and functionality of this Website.
Cookies allow a Website to customize information that is presented to you through your use of this Website (such as to display personalized content and targeted advertising to you on your future visits to this Website), and to save time by storing information so you do not need to re-enter it during a later use of our Website. We may place cookies on this site directly, or on behalf of the partner whose advertisement appears on this Website or its service providers. In general, cookies do not identify you personally. However if you have created a user identity on one of your visits to this Website, we may link the cookie to information that identifies you personally. We may use a combination of “session cookies” and “persistent cookies” on this Website, further described below.
Session Cookies. A "session cookie" is a temporary cookie that expires when you close your browser. A session cookie assigns a randomly-generated, unique identification number to your computer when you access this Website. Assigning your computer a number facilitates the proper functioning of the features of our Websites by permitting us to maintain a persistent “state” for your session, such as maintaining the contents of your shopping cart during checkout. We also use session cookies to collect anonymous information (i.e., information that does not identify you personally) about the ways visitors use this Website – which pages they visit, which links they use, and how long they stay on each page. We analyze this information (known as “click-stream information”) to better understand our visitors’ interests and needs and to improve the content and functionality of this Website.
Persistent Cookies. Unlike a session cookie, a “persistent cookie” does not expire when you close your browser. It stays on your computer until the expiration date set in the cookie (for example, at the end of a calendar month) or until you delete it. Persistent cookies can be used to “tag” your computer so that the next time you visit (or someone using your computer visits), our server will recognize you, not by name, but by the “tag” on your computer. This will enable us to provide you with a personalized experience even if we do not know who you are. It will also allow us to collect more accurate information about the ways people use this Website, for example, how people use this Website on their first visit and how often they return. Using persistent cookies permits us to provide you with a more personalized shopping experience and, in some cases, may save you the trouble of re-entering information already in our database.
Web Beacons. When you visit this Website, your computer may receive one or more “web beacons” in order to assist us with delivering cookies on this Website, to collect anonymous information about the use of this Website by our visitors, and to deliver customized or targeted content to you on this Website and through our partners. Web beacons (also referred to as “tracking pixels,” “1x1 gifs,” “single-pixel gifs,” “pixel tags,” or “action tags”) are graphic images, usually no larger than a 1x1 pixel, placed at various locations on this Website. They also help us identify browser types, search terms that bring visitors to our Website, and the domain names of Websites that refer traffic to us. We may place web beacons on this site directly, and may place web beacons on behalf of the partner whose branding appears on this Website or its service providers. They also help us identify your IP address. The information collected by web beacons does not identify you personally. However, if you have created a user identity on one of your visits to this Website, for example, by making a purchase, we may link the information we collect using web beacons to the information that identifies you personally and use it in the same ways as we use the information we collect using cookies. We also utilize web beacons to provide us with more information on any emails we send out. In particular, a web beacon in an email communication will send us information to let us know that you have received, opened, or acted upon an e-mail you have chosen to receive from us.
Storage, Use and Sharing of Information
Your personal information provided to us will be processed on our computer servers. In some cases (where it is necessary to do so in order to fulfill our contractual obligations to you) such information may also be transmitted or made available to (i) third-parties providing services to Kaboo or (ii) product manufacturers, licensors and/or or suppliers, located in the European Economic Area (“EEA”), the United States of America or another territory outside the EEA.
Our Use of Personal Information. We may use personal information collected by us for the following purposes:
· to contact you if you have requested information or communication from us;
· to determine the country in which you are located for compliance purposes (including without limitation export compliance) and for security, anti-piracy, and fraud prevention purposes;
· to help verify that existing personal information about you in our possession is accurate and complete;
· to provide you with product updates and upgrades, special offers, pricing information, newsletters, and other information, either on our own behalf or in some cases on behalf of a partner or client acting as their agent, where you have consented to receive it;
· to undertake any other promotional activities where you have consented to such promotional activities;
· in connection with keys, access codes or other information as may be required to permit you to access the Websites or services of our partners to receive products, updates or services;
· for the purposes identified in a specific Supplemental Privacy Notice posted on the page or area of this Website where you provided that information;
· to verify compliance with applicable laws, rules and regulations;
· if you visit this Website for the purposes of conducting a purchase transaction:
o to take, verify, process or deliver your order, process or obtain payment, verify your tax or tax exempt status, contest chargebacks, determine your eligibility for a line of credit, or notify you of the status of your order;
o for fraud and piracy prevention purposes;
o to provide you, to the extent permitted by law, with a personalized shopping experience;
o to register your purchase with the manufacturer or service provider for warranty, technical support or similar purposes;
o to provide notice of your purchase to the provider of an online service for which you purchase a service use right from us, for example, in order for the service provider to enable your access to the service;
o to establish an account for future purchases by you if you have consented to the creation of an account;
o to facilitate the renewal of subscriptions for products or services; and
o to provide you with effective customer service (which may to the extent and in a manner permitted by applicable law, include contacting visitors who commence but do not complete a checkout process to follow up on the incomplete session or to see if there was a problem with their use of this Website), and/or technical support.
We keep your personal information only as long as we need it for the purposes for which it was originally collected (or to which you have subsequently consented), for other legitimate purposes (such as regulatory compliance), and as permitted or required by applicable law. We will observe applicable law and take reasonable steps to ensure any person or entity receiving personal information for the purposes described above, are obligated to protect and keep secure the personal information on your behalf.
Our Use of Anonymous Information. We may use anonymous information collected by us:
· to personalize and support your use of this Website, our services, and/or the services of our partners;
· to improve this Website, the customer experience, our advertising systems, and our products and services;
· to identify actions or transactions as originating through an affiliate marketing or referral program;
· to deliver targeted advertisements on this Website and other Websites;
· to provide reporting to our current and prospective partners and service providers; and
· for other historical, statistical or research and analysis purposes.
In addition, we may "de-identify" personal information by removing any information that identifies you specifically, and use the rest for the purposes set forth above.
Our Service Providers. We utilize other companies, including but not limited to our corporate affiliates, to provide joint services or certain services to us or on our behalf and help us to operate our business. For example, to the extent permitted by applicable law we may use our corporate affiliates and/or other companies to host or maintain this Website, to process credit card payments, to provide fraud screening and/or detection services, to perform data integrity checks, to offer you a line of credit, to provide Website optimization services, to fulfill your order, for payment collection, to deliver advertisements on this Website and third party websites, to send mail or e-mail, and/or to provide customer service. We may share your information with our service providers in connection with their provision of services to us. These companies are required by contract to use any information we share with them only to perform services to us or on our behalf and to protect the confidentiality of your personal information. We will not share your personal information with our affiliates or unrelated third parties to use for their own marketing purposes without your consent.
To Comply With Legal Requirements, Cooperate With Law Enforcement, Prevent Fraud and Other Crimes, and Protect Legal Rights, Property, You and Others. To the extent permitted by applicable law, we may disclose the personal information we collect on this Website without notifying you when we, in good faith, believe disclosure is appropriate to comply with the law or a regulatory requirement; to comply with governmental, administrative or judicial process, requirement or order, such as a subpoena or court order; to cooperate with law enforcement or other governmental investigations (without necessarily requiring the law enforcement or government agency requesting the information to formally serve us with a subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce a contract; to protect the legal rights, property or safety of Kaboo, its corporate affiliates, and their respective employees, clients and partners and agents, other users or the public in general; or to protect your vital interests if determined necessary by us. In addition, we may review our server logs for security purposes, such as detecting intrusions into our network. If we suspect criminal activity, we may share our server logs – which contain visitors’ IP addresses – with the appropriate investigative authorities who may use that information to trace and identify individuals. We also reserve the right to report to appropriate law enforcement or government agencies any activities that we, in good faith, believe are or may be in violation of applicable laws, rules or regulations without providing notice to you.
In Connection With Corporate Events. If one of our corporate affiliates or a third party has acquired our business, specific assets or the business of one of our operating divisions through which you have provided information to us, for example, as the result of a sale, merger, reorganization, insolvency, dissolution or liquidation, your personal information will become owned by that company. In that event, the acquiring company’s use of your personal information will still be subject to this User Agreement, any applicable Supplemental Privacy Notices, and the privacy preferences you have expressed to us.
Kaboo respects your right to make choices about the ways we collect, use and disclose information about you. We generally ask you to indicate your choices at the time and on the page where you provide your personal information.
When you provide personal information, we may offer you a choice as to whether you would like to receive further communications from us and/or from our partners, such as communications related to updates, upgrades, special offers and pricing. You have the right to withdraw your consent at any time. If you decide you no longer want to receive promotional messages from us, you may let us know by e-mailing us at email@example.com or by following any unsubscribe link in our e-mails; please specify which consent you are revoking in your e-mail to us. Please note, however, if you give us permission to add your contact information to our Partner’s mailing list and later withdraw your permission, you will have to contact our Partner (or use the "opt-out" provided in the e-mails our Partner sends you) to have your name removed from our Partner’s mailing lists.
If you accept a session or persistent cookie, you can delete it at any time through your web browser (e.g., as soon as you leave our Website). If you do not wish to receive cookies or wish to manage when you accept cookies in general, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept our cookies, if you set your browser to reject cookies, you may not be able to use all of the features and functionality of this Website.
We and our partners use third party service providers, which may include but are not limited to Google Analytics, to serve ads on our behalf across the Internet, and sometimes on this Website. These ads may collect anonymous information about your visits to the Website on which such ad is placed, your interaction with these ads and the products and services offered by us, our partners and our suppliers through the use of a pixel tag or other web technologies. We and our partners may use this anonymous information to provide targeted advertisements to you for goods and services.
Security of Information
We are committed to keeping personal information secure. We have implemented physical, technical and administrative safeguards reasonably designed to protect your personal information from unauthorized access and disclosure. When we collect or transmit sensitive information such as a financial account number, we use industry standard methods to protect that information. It is important that you understand, however, that no Website, database or system is completely secure or “hacker proof.” You are also responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse, for example, by protecting your password.
Different countries have different privacy laws and requirements. Please know, however, that no matter where your personal information is collected, used, transferred or stored, if it was collected through this Website, it will be protected by us in accordance with the terms of this User Agreement, any Supplemental Privacy Notices that apply to you, and applicable laws, rules and regulations.
Accessing and Correcting Your Personal Information
We strive to maintain the accuracy and integrity of the personal information in our databases and to keep that information up-to-date. We provide ways for you to access your personal information as required by applicable law, so that you can correct inaccuracies or update your personal information.
If you would like to review, correct or challenge your personal information, please contact us by postal mail addressed to us, Kaboo, LLC 4752 W California Avenue, Building A, Suite 1000, Salt Lake City, UT 84104 USA or by e-mail at firstname.lastname@example.org.
If you contact us we may, for your protection, ask you for additional information to verify your identity. In most cases, we will provide the access you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if the disclosure may lead to a breach of applicable law and regulation, e.g. in case of any legal obligation to retain certain data, or if you have failed to provide sufficient evidence to verify your identity.
Links to Third Party Websites
This User Agreement is only applicable to the use and disclosure of information we collect from and about you through this Website and any other websites on which this User Agreement appears. It does not apply to information collected on the websites of our partners, service providers or any other third party, even if their website links to this website, or this website links to theirs. We do not control the privacy policies of our partners, service providers or other third parties. If you disclose information to any other party, different terms may apply to their use and disclosure of information disclosed to those third parties. Please review the User Agreement posted on each website you visit.
This Website is not directed at nor targeted to children. If you have not reached the age of majority or are not able to enter into legally binding agreements in your country, you may not use this Website unless supervised by an adult. We do not knowingly collect, use or disclose Personally Identifiable Information about visitors under 18 years of age. If you are a minor, you can use this service only in conjunction with your parents or guardians.
Trademarks and Copyright
The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Website are Kaboo’s Trademarks. Nothing on the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Website. Kaboo’s Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kaboo.
All content provided on the Website, such as text, graphics, images, etc., as well as collection, arrangement and assembly of all content on the Website is Kaboo’s exclusive property and is protected by US and international copyright laws. Except as otherwise provided for herein, no material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in the Website is strictly prohibited.
We are always pleased to receive comments and suggestions. If User submits comments, suggestions, ideas, etc. (collectively, “Submissions”) in response to any content on the Website, User grants us a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media. Kaboo may post User feedback on the Website and reserves the right (but not the obligation) to monitor, edit and remove any Submission. When User sends a Submission, User represents and warrants that User owns or otherwise controls all of the rights to the content in such Submission, that the content User provides is accurate, and that use of the content in User’s Submission does not violate the Terms and will not cause injury to any person or entity.
The website is provided on an “as is” basis. Except as expressly set forth in these terms, Kaboo does not make any representations or warranties, express or implied, regarding the website, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from a course of dealing or course of performance. No oral advice or written information given by Kaboo or its agents shall create a warranty; nor shall user rely on any such information or advice.
Limitation of Liability
Under no circumstances, including negligence, shall Kaboo or anyone else involved in administering or distributing the website be liable for any direct, indirect, incidental, special, or consequential, or exemplary damages that arise under the terms or result from the use of or inability to use the website, including but not limited to loss of revenue or lost profits, or losses that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance. In no event shall Kaboo be liable to user for more than the aggregate amounts paid to Kaboo for the use of the website.
User agrees to indemnify and hold harmless Kaboo, its affiliates, and its directors, officers, managers, employees, agents, attorneys and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or other applicable agreements between User and Kaboo. We reserve the right, but not the obligation, to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, User shall provide us with such cooperation as is reasonably requested by us.
Terms and Termination
The Terms are applicable to User upon User’s accessing of the Website and/or completing the registration or shopping process. These Terms, or any part of them, may be terminated by Kaboo without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Access to the Website is controlled by Kaboo. User agrees that Kaboo, in its sole discretion, may terminate User’s access to or use of the Website, at any time and for any reason, including without limitation, if Kaboo believes that User has violated or acted inconsistently with the letter or spirit of the Terms, or any other relevant contractual relationship between Kaboo and User, as applicable. User agrees that any termination of its access to or use of the Website may be effected without prior notice and that Kaboo may immediately deactivate or delete any user name and/or password used by or provided to User, and all related information and files associated therewith, and/or bar any further access to such information or files. User agrees that Kaboo shall not be liable to User or any third party for any termination of User’s access to the Website or to any such information or files, and shall not be required to make such information or files available to User after any such termination. Kaboo reserves the right to takes steps that Kaboo believes are necessary or appropriate to enforce and/or verify compliance with these Terms (including without limitation in connection with any legal process relating to User’s use of the Website and/or a third party claim that User’s use of the Website is unlawful or violates such third party’s rights). The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Kaboo stands behind its Products. Within thirty (30) days of the original purchase date, we will gladly accept returns for a full refund, less shipping or exchanges less shipping on Kaboo Product that is in its original packaging and is resalable, as determined by Kaboo. Additionally, Kaboo Products must be returned to the original point of purchase (e.g., Home Party Distributors or Kaboo Corporate offices.) For manufacturing defects, User must return within ninety (90) days of purchase to qualify for a replacement of a Product. Please note that normal wear-and-tear, does not constitute a manufacturing defect.
The Terms shall be governed in all respects by the laws of the state of Utah, U.S.A., without regard to choice of law provisions. The 1980 U.N. Convention on contracts for the international sale of goods shall not control these Terms. User further agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the use of the Website (including, but not limited to, the purchase of the Website access and use rights and Kaboo Products) shall be in the state or federal courts located in Salt Lake County, Utah. Any cause of action or claim User may have with respect to the Website (including, but not limited to, the purchase of the Website access and use rights and Kaboo Products) must be commenced within one (1) year after the claim or cause of action arises. Kaboo’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between Kaboo or any User, nor trade practice shall act to modify any of these Terms. Kaboo may assign its rights and delegate its duties under the Terms to any party at any time without notice to User. Kaboo makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between User and Kaboo. These Terms constitute the entire agreement between Kaboo and the Website Users with respect to the Website and supersedes any and all prior agreements with respect to the subject matter hereof.
How to Contact Us
If you have any questions, comments, or concerns regarding this User Agreement or our privacy practices, or have privacy-related questions not answered online, you may contact us by any of the following means:
· By Mail: You may contact us by postal mail addressed to 4752 W California Avenue, Building A, Suite 1000, Salt Lake City, UT 84104 USA.
· By Email: You may contact us by e-mail at email@example.com.
Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice:
If User has a question or complaint regarding the Website, please send an email to: firstname.lastname@example.org. User may also contact us by writing to Kaboo, LLC 4752 West California Avenue, Building A, Suite 1000, Attn: Kaboo Public Affairs, or by calling Kaboo’s corporate offices at: 801-908-8111. California residents may reach the Complain Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at: 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at: 916-445-1254 or 800-952-5210.