Terms of service
KOMARK, LLC ("KOBI HALPERIN" or "we" or "our") welcomes you to its website kobihalperin.com (the "Website"). Your use of the Website, together with any related websites, mobile site and/or blogs (collectively the "Website") and any products or services provided on or from the Websites, is subject to the following Terms of Use (collectively called the "Terms"). The Terms form a legally binding agreement between you and KOBI HALPERIN in relation to your use of the Website. It is important that you take the time to read them carefully.
1. Acceptance of Terms of Use
By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms, which includes by reference our Privacy Policy . If at any time you do not agree to these Terms, please do not access or use the Websites or any of its content. If you do not agree to any of the Terms, your permission to access or use the Website is automatically and immediately revoked.
If you make a purchase through the Website, your purchase will be subject to additional purchase terms and conditions (collectively, "Purchase Policies") which are found on our Shipping & Delivery page. The Purchase Policies are hereby incorporated into and made part of these Terms. Please review our Purchase Policies before making any purchase. By submitting payment information in connection with any such purchase, you agree to our Purchase Policies.
These Terms may be revised or updated from time to time. You should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the "Last Revised" legend at the bottom of this page. Each time you access, use or browse the Website, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Website and information collected from you on and after the Last Revised date, unless we have other communications with you.
KOBI HALPERIN may make changes to the Website, content, products, services or features of the Website at any time. You understand and agree that KOBI HALPERIN may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice.
2. Permitted Users of the Website
The Website is directed to persons 18 years of age or older. KOBI HALPERIN and the Website do not knowingly collect information from children under age 18. If you are a parent or guardian and believe KOBI HALPERIN may have inadvertently collected personal information from your child, please notify KOBI HALPERIN immediately by sending an email to customercare@kobihalperin.com detailing the basis of your belief and your request.
By using the Website, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving the products or services available on the Website under the laws of the United States or any other applicable jurisdiction.
3. Permitted Uses
The content available through the Website, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, the look and feel of the website, software and other information and materials (the "Content") is the sole and exclusive property of KOBI HALPERIN, its licensors, or other content providers.
The Content is made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Website or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
KOBI HALPERIN hereby grants you permission to access and use the Website subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of the Terms on your part:
- You agree not to access (or attempt to access) any of the services by any automated means (including use of scripts or web crawlers) or means other than through the interface that is provided by KOBI HALPERIN.
- You agree that you will not engage in any activity that interferes with or disrupts the Website, or the servers and networks which are connected to the Website.
- You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Content, products or services available on the Website for any purpose.
- We do not authorize the purchase of commercial quantities of our merchandise and reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy.
- You will not, and will not attempt to, interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Website.
- You agree that you are solely responsible for (and that KOBI HALPERIN has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which KOBI HALPERIN may suffer) of any such breach.
4. Proprietary Rights
You acknowledge and agree that, as between KOBI HALPERIN and you, all right, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by KOBI HALPERIN, or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to KOBI HALPERIN or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors.
Copyright: All Content is the copyright and property of KOBI HALPERIN or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, or create derivative works based upon, any portion of the Website or the Content, for any purpose, other than as expressly authorized by KOBI HALPERIN in writing.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Website is: customercare@kobihalperin.com.
5. Product Information
Although KOBI HALPERIN has made every effort to display our products as accurately as possible on the Website, the displayed colors of the products depend upon the monitor of the user. KOBI HALPERIN cannot guarantee that your monitor will accurately display the actual colors of the products. Additionally, products displayed may be out-of-stock or discontinued, and prices are subject to change. KOBI HALPERIN is not responsible for typographical errors regarding price or any other matter.
6. User Content
All user-generated Content, including comments, feedback and other submissions (collectively "Submissions"), is the sole responsibility of the person who originated such Submission. KOBI HALPERIN reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Submission from the Website.
You agree that KOBI HALPERIN may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Submission that you forward to KOBI HALPERIN. Under no circumstances will KOBI HALPERIN be liable in any way for any Submissions, including any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any Submissions.
7. Account Password and Security
The Website may contain features that require registration of a username and password. If so, you agree to provide accurate and complete information, and to maintain the confidentiality of your password. You are fully responsible for all uses of your password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify KOBI HALPERIN of any unauthorized use of your password or account or any other breach of security at customercare@kobihalperin.com.
8. Your Indemnity of KOBI HALPERIN
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS KOBI HALPERIN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS OR SPONSORS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY CONTENT, PRODUCTS, SERVICES, OR ACTIVITY; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF KOBI HALPERIN OR ANY THIRD PARTY; OR (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY.
9. Third-Party Links
The Website may contain advertisements, postings and links to websites, applications or services operated by other parties. Your use of other websites, applications or services is at your own risk. KOBI HALPERIN disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties.
10. Modification, Suspension and Termination
KOBI HALPERIN reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Website, Content or Activities, or any portion thereof, with or without notice. KOBI HALPERIN reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Website for any reason or no reason at all, including without limitation any breach by you of these Terms.
11. Disclaimers and Limitation of Liability
THE WEBSITE AND ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KOBI HALPERIN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOBI HALPERIN DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, EVEN IF KOBI HALPERIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is KOMARK, LLC, 1407 Broadway, 10th Floor, New York, NY 10018. Complaints regarding the service, pricing policies or requests to receive further information regarding use of this service may be sent to the above address or to customercare@kobihalperin.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (800) 952-5210.
13. Governing Law and Disputes
You agree that any dispute between you and KOBI HALPERIN arising out of or relating to these Terms, the Privacy Policy, the Website or its Content will be decided only individually and not on a class-wide basis. You knowingly waive any right to participate in any form of "class," "joint" or "representative" litigation against KOBI HALPERIN.
The laws of the State of New York, U.S.A., without regard to choice of law principles, shall apply to any dispute between us. You agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York. Any dispute or cause of action arising out of or in connection with the Terms or Website must be commenced within six (6) months after the dispute arises or any claim arising from the dispute shall be barred.
14. Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. These Terms, which include the Privacy Policy, set forth the entire understanding and agreement between you and KOBI HALPERIN with respect to the subject matter hereof. KOBI HALPERIN reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Last Revised: Nov. 2019