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Terms of Service

Terms of Service

Overview

This website, which is operated by akaca, offers a range of tools, services, and information to users. Throughout the site, terms such as “we,” “us,” and “our” pertain to akaca. Your utilization of this website and any services or products offered herein is contingent upon your acceptance of the terms, conditions, policies, and notices specified in these Terms of Service.

By visiting our site or making purchases from us, you are participating in our “Service” and consenting to adhere to the terms and conditions outlined in this document. This encompasses any supplementary terms, conditions, and policies mentioned within or linked from these Terms of Service. These provisions are applicable to all users of the site, including but not limited to, browsers, vendors, customers, merchants, and content contributors.

We strongly encourage you to thoroughly read and comprehend these Terms of Service before you access or use our website. By accessing or using any portion of the site, you are expressing your agreement to be bound by these terms and conditions. If you do not agree to all the provisions outlined in this agreement, you are not authorized to access the website or utilize any of its provided services. If these Terms of Service are considered an offer, acceptance is explicitly limited to the terms contained herein.

It’s important to recognize that any new features or tools incorporated into the current store will also be governed by these Terms of Service. You can consistently access the latest version of these terms on this page. We reserve the right to update, amend, or replace any part of these Terms of Service by publishing updates or alterations on our website. It is your responsibility to regularly review this page for any updates. Your ongoing use of or access to the website following the posting of any modifications constitutes your acceptance of those changes.

Section 1 - Online Store Terms

By consenting to these Terms of Service, you confirm that you are either at least the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence and have provided us with consent to allow any of your minor dependents to use this site.

You are not permitted to utilize our products for any illegal or unauthorized purposes. Furthermore, when using the Service, you must not infringe upon any laws within your jurisdiction, including but not limited to copyright laws.

You are explicitly prohibited from transmitting any kind of malicious software, which includes but is not limited to worms, viruses, or any other code that possesses destructive capabilities.

Any breach or violation of these Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We maintain the right to refuse service to any individual for any reason, at our discretion.

Please note that your content, except for credit card details, may be transferred in an unencrypted manner. This could entail (a) transmission across multiple networks and (b) necessary modifications to comply with the technical requirements of interconnected networks or devices. Be assured that credit card information remains encrypted throughout any network transmissions.

You are explicitly forbidden from reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Service, its use, or any access to the Service, as well as any content on the website from which the service is provided, unless you have obtained our explicit written consent.

The headings used in this agreement are for convenience and reference purposes only and do not limit or affect the interpretation of these Terms.

We retain the right to decline service to any individual, for any reason, at any time.

Section 3 - Accuracy, Completeness and Timeliness of Information

We cannot guarantee that the information presented on this site is consistently accurate, complete, or up-to-date. The content accessible here is designed for general informational purposes and should not be the sole basis for decision-making. It is advisable to seek out primary and more dependable sources of information before making any decisions based on the content of this site. Your reliance on the material here is at your own discretion.

Although our site may include historical data, please be aware that such information is not reflective of current trends or facts and is provided solely for reference purposes. While we have the ability to modify the content of this site as deemed necessary, we are not obligated to maintain our information up-to-date. It is your responsibility to remain informed about any changes or updates to our site.

Section 4 - Modifications to the Service and Prices

Please be aware that the prices of our products may change without prior notice.

We reserve the right to modify or discontinue the Service, or any part of it, without prior notification to you or any other party.

In no event will we be liable to you or any third party for changes in pricing, interruptions, or the discontinuation of our Service.

Section 5 - Products or Services (if applicable)

Some products or services on our online website may be exclusive and subject to limited stock availability. Returns or exchanges for these items will be governed by our Return Policy.

While we make every effort to provide accurate representations of our products, especially in terms of color and appearance, the display may vary depending on your computer monitor. Therefore, we cannot guarantee a perfect match in every instance.

We have the authority to limit sales based on various factors, including but not limited to individuals, regions, or jurisdictions, as we see fit. We can also restrict the quantities of any product or service available for purchase. Product descriptions, prices, and availability are subject to change without prior notice, at our discretion. We reserve the right to discontinue products as we deem necessary. The offers presented on this site may not be valid in all locations.

Finally, although we strive for excellence, we cannot always guarantee that our products or services will perfectly align with your expectations, nor can we assure that any service-related errors will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to reject any order. Orders may be restricted or canceled based on various criteria, such as quantity per person, household, or other factors like the use of the same account or credit card details, or having the same billing and shipping address. If any changes or cancellations are necessary, we will make efforts to notify you using the contact information provided during the order.

You agree to provide current, accurate, and complete information for all transactions, including maintaining up-to-date account details, email addresses, and credit card information. This ensures smooth transaction processing and facilitates necessary communications.

For more detailed information regarding returns, please refer to our comprehensive Returns and Refunds section.

Section 7 - Optional Tools

We may provide you with access to tools developed by third parties. It’s important to understand that we neither monitor nor contribute to the development of these tools.

By opting to use these tools, you acknowledge that they are provided “as is” and “as available.” This means we do not provide any warranties, guarantees, or endorsements regarding their functionality. Therefore, any issues or consequences arising from their use are not within our liability.

Before using any third-party tools accessible on our site, we highly recommend that you familiarize yourself with their terms and ensure that you are comfortable with and agree to them. We are constantly working to improve our platform and may introduce new tools and services in the future. These additions will also be subject to these Terms of Service.

Section 8 - Third-party Links

Our platform may include content, products, or services from external sources or third parties.

Clicking on third-party links on our site may redirect you to external websites that operate independently and are not governed by our policies. We are not responsible for reviewing or verifying the accuracy of their content. Therefore, we do not endorse or take responsibility for any third-party materials, websites, or their offerings.

We are not liable for any potential issues or damages that may arise from your interactions with third-party websites or their offerings. Therefore, we recommend that you review and understand the policies of any third party before engaging in any transactions with them. For any complaints, problems, or inquiries regarding third-party offerings, please contact the respective third party directly.

Section 9 - User Comments, Feedback and Other Submissions

If you decide to share submissions with us, whether through online channels, email, or postal mail, whether voluntarily or at our request—such as contest entries, creative ideas, suggestions, and other related content (referred to as ‘comments’), you acknowledge and agree to the following:

Rights to Use: We retain the right to use, adapt, publish, distribute, and incorporate these comments across any medium without restriction. This includes the ability to edit, copy, and translate your comments without limitations.

No Obligations: We are not obligated to:

  • Preserve the confidentiality of your comments.
  • Provide any compensation for your contributions.
  • Engage in correspondence regarding your submissions.

Content Oversight: While we may review the content shared, we are not obligated to do so. If we come across content that, in our sole discretion, is deemed inappropriate, offensive, or in violation of any legal or intellectual property standards, or the terms outlined here, we have the right to modify or remove it.

Your Responsibilities: You commit to ensuring that your comments respect all relevant third-party rights, including but not limited to copyrights, trademarks, and personal or proprietary rights. You must ensure that your comments do not contain any material that could be considered defamatory, illegal, or malicious, and that they do not contain any malware or viruses that could potentially compromise the functionality of our service or associated websites. Impersonating another individual or using deceptive email addresses to mislead us or others about the source of the comments is strictly prohibited. The accuracy and appropriateness of your comments are your responsibility. We will not be held liable for comments, whether from you or third parties.

Section 10 - Personal Information

Your submission of personal information through our store is governed by our Privacy Policy. To view our Privacy Policy, please click here.

Section 11 - Errors, Inaccuracies and Omissions

At times, our site or Service might have typographical errors, inaccuracies, or omissions related to product details, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct these issues and to change or update information or cancel orders if any info is inaccurate, at any time and without prior notice, even post order submission.

While we strive for accuracy, we aren’t obliged to update or amend information in our Service or on related websites unless mandated 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.

Section 12 - Prohibited Uses

In addition to the stipulations in our Terms of Service, you must not use the site or its content to:

(a) Engage in any unlawful purpose. (b) Solicit others to perform or participate in any unlawful acts. (c) Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances. (d) Infringe upon or violate our intellectual property rights or the intellectual property rights of others. (e) Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. (f) Submit false or misleading information. (g) 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. (h) Collect or track the personal information of others. (i) Spam, phish, pharm, pretext, spider, crawl, or scrape. (j) Use it for any obscene or immoral purpose. (k) Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Breaching these rules might result in the termination of your access to our Service or its associated sites.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We make no explicit guarantees, representations, or warranties regarding the uninterrupted, timely, secure, or error-free nature of your utilization of our service.

We do not warrant the accuracy or reliability of the results that may be achieved through the use of the service.

You acknowledge and accept that, at our discretion, we may suspend or terminate the service at any time, occasionally for extended durations, without prior notice to you.

You expressly agree that your engagement with the service, or your inability to engage with it, remains solely at your own risk. The service, along with all products and services provided to you through it (except where expressly stated otherwise by us), is presented ‘as is’ and ‘as available’ for your usage, without any express or implied representations, warranties, or conditions of any kind, including but not limited to implied warranties or conditions of merchantability, fitness for a specific purpose, durability, title, and non-infringement.

Under no circumstances shall akaca, 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 nature, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any analogous damages. These damages may arise from a contractual basis, tort (including negligence), strict liability, or any other legal theory, arising out of your use of the service or any products obtained through it, or in connection with any other claim related to your use of the service or any products, including but not limited to any errors or omissions in content, or any loss or damage of any kind incurred due to the use of the service or any content (or product) posted, transmitted, or otherwise made accessible through the service. This limitation of liability extends to its fullest extent as permitted by law, and in cases where certain states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent authorized by law.

Section 14 - Indemnification

You hereby agree to indemnify, defend, and hold akaca, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party as a result of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 - Severability

Should any provision of these Terms of Service be adjudged as unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent as allowed by applicable law. The unenforceable portion shall be considered severed from these Terms of Service, and this determination shall not impair the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service will remain in effect until you or we terminate them. You can terminate these Terms of Service at any time by notifying us that you no longer want to use our Services or by ceasing to use our site.

If we determine, in our sole discretion, that you have violated any term or provision of these Terms of Service or if we suspect such a violation, we may terminate this agreement without notice. In this situation, you will still be responsible for all amounts owed up to and including the date of termination, and we may restrict your access to our Services or any portion of them as a result.

 

Section 17 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not be deemed a waiver of that right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service, and they supersede 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.

Section 18 - Changes to 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, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for revisions. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 19 - Contact Information

If you have any questions or concerns about the Terms of Service, please feel free to contact us at info@akaca.tech. 

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