Last Updated: November 8, 2019.

The katla.com website (the “Website”) is owned and operated by Katla Inc. (“Katla,” “us,” “our” or “we”). By using and/or visiting the Website, you assent to these terms of use (the “Terms of Use”) which include and incorporate by reference the terms and conditions of our Privacy Policy (the “Privacy Policy”). If you do not agree to any of these terms or are accessing the Website in a country or other territory where use of the Website is not permitted, then please exit the Website. Katla may revise these Terms of Use from time to time in its sole discretion, without prior notification to you of such revision. If Katla makes changes to these Terms of Use, it will post them here.  If you use this Website after changes are posted, it means that you have agreed to the Terms of Use as changed.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU MAY BE DENIED ACCESS TO THE WEBSITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS OF USE.

 

1. USE OF THIS WEBSITE

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, or other proprietary rights and laws, and is the sole property of Katla and/or its affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we nor our affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.

All custom graphics, icons, logos and service names are registered trademarks, tradenames or service marks of Katla or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Katla.

2. AGE REQUIREMENT

 

This Website is not intended or directed to anyone under the age of 16. We do not knowingly sell or ship any items ordered through this Website directly to anyone who we know to be under the age of 16, nor do we collect any personal information from anyone who we know to be under the age of 16. If you are under the age of 16, you should use this Website only with the involvement of a parent or guardian and should not submit any personal information to us.

 

3. LIMITED LICENSE AND WEBSITE ACCESS

We grant you a limited license to use the Website for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Website or any of the contents of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including any intellectual property) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website.

4. INTERNATIONAL ACCESS

 

This Website may be accessed from countries outside the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States, you are responsible for complying with your local laws and regulations.

 

5. SECURITY

 

You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

 

This Website has security measures in place to protect against the loss, misuse, unauthorized use and alteration of the information under our control. However, your confidential use of this Website cannot be guaranteed by Katla. Katla shall not be responsible for any harm, loss, damage, liability, cost or expense (including attorneys’ fees) that you or any third party may suffer as the result of a breach of confidentiality with respect to information you transmitted to this Website.

 

6. LINKING TO THIS WEBSITE

 

Creating or maintaining any link from another website to any page on this Website without the prior written permission of Katla is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another website without the prior written permission of Katla is prohibited. Any permitted links to this Website must comply with these Terms of Use as well as all applicable laws, rule and regulations. Katla has not reviewed all of the sites linked to this Website and is not responsible for the privacy practices or the content of any off-Website pages or any other Websites linked to this Website, whether or not they are affiliated with Katla. That another website is linked to this Website does not constitute endorsement by Katla of the owner of the other site, the content of its site, or its products or services.

 

7. OUTSIDE LINKS

 

This Website may contain links to other sites for your convenience. These other sites and parties are not under the control of Katla, and you acknowledge that Katla is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Katla responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference does not imply endorsement of, or association with, the site or party by Katla, or any warranty of any kind, either express or implied.

 

8. ERRORS AND INACCURACIES

 

We endeavor to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts, human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

 

9. SHIPMENT OF ORDERS

 

Orders placed through the Website will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on the Website. All purchases through the Website are made pursuant to the terms and conditions found on the Website. Risk of loss and title for items purchased from the website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.

 

10. TESTIMONIALS

 

If you submit to us or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) to us, including, without limitation, Submissions about our products or services, such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

 

11. PROMOTIONS

 

The Website may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Website, you signify your agreement and acceptance of these Terms of Use and any applicable sweepstakes or contest rules which we may provide.

 

12. LIMITATIONS ON KATLA’S LIABILITY

 

We make no representations or warranties of any kind, whether express or implied, with respect to this Website, its content, or the information available on or through it, which are in each case provided “as is,” with all faults. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website.

 

IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT ENTITIES, AGENTS, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 

 

13. INDEMNIFICATION

 

You agree to defend, indemnify and hold Katla and its respective officers, directors, employees, shareholders, affiliates, parent entities, agent, successors and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Website.

 

14. INAPPROPRIATE MATERIAL
    

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

 

15. GENERAL PROVISIONS

 

This Website is operated under the supervision of Katla from its offices within the state of California. If you choose to access this Website from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from this Website in violation of United States export controls.

 

These Terms of Use shall be governed by and construed according to the laws of the state of California, without regard to conflicts of laws principles thereof. Any claim or cause of action arising out of or relating to these Terms of Use shall be barred unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in San Francisco, California, and you consent to jurisdiction of such courts for the purpose of litigating such actions.

 

Whenever possible, each provision of these Terms of Use shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms of Use.

 

Katla reserves the right to deny in its sole discretion any user access to this Website without notice and with or without reason.

 

This is the entire agreement between us relating to your use of this Website. These Terms of Use may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by Katla.