Komigo Terms of
Use
These are the Terms of Use (the “Terms of Use”) that govern your access and use of the services and
features on the
sites and applications owned and operated by
Komigo, LLC and
its affiliates (collectively, “Komigo”), including
https://www.Komigo.me and such other sites as may
be added from
time to time
(collectively, the “Site”). Our Privacy Notice, as
well as any
other terms, conditions, guidelines, and policies which you may find throughout the Site in connection with
certain features, promotions, contests, and functionalities, are also deemed a part of and included
in these Terms
of Use. These
Terms of Use
apply, regardless of whether you
are accessing or using the Site from a computer, mobile phone, or
other device.
By accessing or
using the services and features of the
Site, you agree
to be bound
by these Terms of Use
and by any amendments in effect at the time of your visit. If you do not agree with these Terms
of Use, you
should not access or use
the Site. Komigo
reserves the right to change,
modify, add, or remove any part of these Terms of Use and to discontinue or revise any or all aspects of the
Site, in its sole discretion, at any time and without prior notice. Please check this page periodically for any
modifications to these Terms of Use. Any changes will be effective as of the date they are posted. Your
continued use of the Site following the posting of any changes will mean that you understand and have accepted
such changes.
1. Privacy
Notice
Please review our Privacy Notice for a better understanding of how we collect, use, disclose, and protect your
information. Our Privacy Notice is deemed a part of, and is hereby incorporated by reference into, these Terms
of Use.
2. General Use of the
Komigo Site
Komigo grants you a personal, non-commercial, non-exclusive, limited, revocable, non- transferable
license to access and use
the Site, conditioned upon your continued acceptance of, and
compliance with, these Terms of Use. Your access and use of the Site is solely at your own risk and
is subject to
all applicable local, state, national, and international laws and regulations. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer,
modify, copy, publish, display, transmit, adapt, frame, link, sell, license, or in any way exploit the content
of the Site. Komigo does not guarantee the confidentiality or security of any communication or other material
transmitted to or from the Site over the Internet or other communications networks.
You must be 18 years old or the age of majority in your jurisdiction, whichever is greater, to purchase
products through the Site. If
you are less
than 18 years
old or less
than the age
of majority in your jurisdiction, whichever is greater, you may not
purchase products through the Site. The Site is not intended for children less than 16
years old. If you are less than 16 years old, you may browse
the Site. However,
you may not
make any purchases
on the Site,
become a registered user of the Site, or provide your information to us.
You represent and
warrant to Komigo
that (i) you
are at least
18 years old
or the age
of majority in your jurisdiction, whichever is greater; (ii) you
have the power and authority to enter into and perform your obligations under these Terms of Use and, in doing
so, will not violate any other agreement to which you are a party; (iii) all information provided by you to
Komigo, including without limitation in connection with any product purchase or user registration, is truthful,
accurate, current, and complete; (iv) you are
the authorized signatory of any
debit or credit
card or other payment method provided to Komigo to pay any fees or
charges incurred in connection with any product purchase or other use of the Site; (v) you shall comply with
all terms and conditions of these Terms of Use, including without
limitation the provisions set forth in Section 14, “Disclaimer of Warranties,” Section 15, “Limitation of
Liability,” and Section 16, “Indemnification”; (vi) you have not previously been suspended or removed from the
Site; and
(vii) you do
not have more than one (1)
account at any given time for the
Site.
You understand and agree that you may not (a) interfere or attempt to interfere with the proper working of the
Site; (b) bypass any measures we may use to prevent or restrict access to the Site or accounts associated with
the Site; (c) collect or store information about Site users without authorization, including for purposes of
transmitting or helping others transmit unsolicited marketing or other electronic communications; (d) run any
form of auto-responder or “spam” on the Site; or (e) use manual or automated software, devices, or other
processes to “spider” or “crawl,” the Site or to collect or scrape any content or information from the Site.
If we believe or suspect any information you provide to us is not true, accurate, current, or complete or that you have otherwise violated these Terms of Use, we
may terminate your account or deny or terminate your access to the
services and features on the Site (or any portion thereof) at any
time.
3. Account Information
In order to access certain features or contests on the Site, register as a Komigo affiliate, or create a
customer account, you must first log in, either by using an existing social media account or by creating an
account using an email address and password of your choice. You agree to (i) provide true, accurate, current,
and complete information about yourself as prompted by the applicable
registration form, and (ii) maintain and promptly update such information to make sure it is
true, accurate, current, and complete.
You are responsible for maintaining the confidentiality of
your account and
password. You agree to
(a) not allow any third party to use your account or password under any circumstances; (b) immediately notify
Komigo of any unauthorized use of your account or password or any other breach of security; (c) make sure that
you exit from your account at the end of each session; and
(d) not store
your account information on public or third-party computers,
mobile phones, or other devices. You understand and acknowledge that you are
fully responsible and liable for
all activities and charges, including, but not limited to, product
purchases, that occur under your account or password. You understand and agree that Komigo will not be
responsible or liable for any loss or damage arising from or in connection with your failure to comply with
these requirements or any theft, misappropriation, disclosure, or unauthorized use of your login information.
Without limiting any rights we
may otherwise have, Komigo reserves the right to take
any action we deem reasonable or necessary to
protect the security of your
account, including, but not limited to,
asking you to change your password, requesting additional information in order to authorize any purchases or
other actions under your account, or terminating your account.
4. Fraud Prevention
Komigo routinely screens product orders for fraud or other illegal or unauthorized activity. We reserve the
right to cancel product orders or refuse to ship to certain addresses due to suspected fraud or illegal or
unauthorized activity.
5. Consent to Receive Electronic Communications
By accessing and
using the Site
and its services and features and/or creating
a Komigo account,
you consent to
receive any communications and data related to
these Terms of
Use, your Komigo
account, and your use of the Site (collectively, “Notices”) via electronic mail. If you do not wish to receive
such Notices from us via electronic mail, you must notify us to this effect and discontinue your use of the
Site. Please note that your consent to receive such Notices is separate from any elections you may make to
receive marketing and other promotional communications from Komigo, which elections are governed by our
Privacy Notice.
6. Intellectual
Property Rights
All trademarks, service marks, logos, trade dress, trade names, copyrights, information, content, data,
images, photographs, audio and video
material, artwork, text, graphics,
multimedia content, compilations, and other
material that you see
or read on
the Site and all related code
and material of any kind or nature (collectively, the “Komigo Materials”), but not including any Submitted
Materials (as defined below in
these Terms of
Use), are owned
by Komigo or
are being used
by Komigo with permission. The Komigo Materials are protected by international, federal, and state laws and
regulations, including but not limited to copyright, trademark, trade secret, trade dress, and other laws and
regulations.
Komigo grants you
a nonexclusive, limited, revocable, non-transferable license
to access and
use the Komigo Materials solely for your non-commercial personal
use, including downloading one copy of the Komigo Materials on any single
computer, provided you keep intact any copyright, trademark, and other proprietary notices on the Komigo
Materials and do not modify the Komigo Materials
in any way.
You may not
modify, reuse, or
re-post the Komigo
Materials or use the Komigo Materials for public or commercial
purposes without Komigo’s prior written permission. Without limiting the forgoing, you agree not to use the
Komigo Materials for any other use or purpose.
7. Trademarks
The Site contains valuable trademarks owned and used by Komigo. Komigo uses these trademarks to distinguish its
goods and services from those of others. The Site may also contain
references to other entities’ trademarks and service marks. Such references are for identification purposes only
and are used with permission of their respective owners. Komigo does not claim ownership
in, or any
affiliation with, any third-party trademarks or service marks appearing on the
Site. You agree
not to use
or display trademarks without the prior written consent of Komigo or the
owner of such mark.
8. Product Information
All materials and information, as well as any products, services, tools, applications, features, and
functionalities, provided by Komigo on or through the Site are for informational purposes only and
are not in
any way intended
to provide medical or business advice or training. Nothing
on the Site is intended to be used, and as a result should not be used, for medical diagnosis or treatment, or
to take the place of the advice of a physician or other qualified health provider. Any product recommendations
provided on the Site or generated through any interactive tools available on or through the Site are general
recommendations only based on general factors and are not intended to be, and do not take the place of, a
medical diagnosis or individual consultation. Individual results from the use of Komigo products will vary
depending on the individual, and Komigo makes no guarantee regarding the results you may experience from using
these products[JJ1] .
None of the products offered via the Site are intended to diagnose, treat, cure, mitigate, or prevent any
disease or skin disorder. All products should be used strictly in accordance with their instructions, warnings,
and guidelines. Komigo and its partners or affiliates cannot account for individual skin sensitivities. We
recommend that you carefully review the ingredient list for each relevant product before purchase and consult
with your physician or other qualified health provider before use, especially if you have any skin conditions or
sensitivities.
We strive to be as accurate as possible in describing products and services on the Site, but make no warranty
that product descriptions, colors, or other information contained on the Site is accurate, complete, current, or
error-free. Colors, in particular, may vary depending on your individual
monitor settings. Additionally, the Site may contain
typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors, inaccuracies, or omissions at any
time without prior notice, including with respect to product pricing and availability. To the extent
product orders are placed based
on incorrect pricing or availability, Komigo reserves the right to cancel such orders.
9. Third-Party
Links
The Site may
contain links to
pages on other
sites, and those
sites may offer
products, services, or
other resources. Komigo does not make any representation with respect to the quality, non- infringement,
accuracy, completeness, timeliness, or reliability of any materials, information, services, or products offered
on such sites. Because Komigo has no control over such sites and resources, you acknowledge and agree that
Komigo has no responsibility for the accuracy of information provided by, or available via, other sites. Links
to external sites do not constitute an endorsement by Komigo of the sponsors of such sites or the content,
products, advertising, or
other materials presented
on those sites.
You further acknowledge and agree that Komigo
is not responsible or liable, directly or indirectly, for any damage or
loss caused, or
alleged to be
caused, by or in connection with use of or reliance on any such content, goods or services available on these
other sites or resources.
10. User
Conduct and User
Submissions
We may permit users to submit material for posting on the Site, including, without limitation, photographs,
videos, information, ideas, comments, blogs, audio, suggestions, or other materials (collectively, the
“Submitted Materials”). Komigo does not
warrant or make any representation whatsoever, and
does not make
any guarantee regarding, the quality, non-infringement,
accuracy, completeness, timeliness, reliability, or any other attribute of the Submitted Materials. The
Submitted Materials are the sole responsibility of the party posting such Submitted Materials.
You are entirely responsible for everything you upload, post, email, or otherwise make available on the Site. By
uploading, posting, emailing, or otherwise making available any Submitted Materials
on the Site
you hereby: (i)
grant to Komigo
a non-exclusive, royalty-free, transferable, perpetual,
worldwide license to copy, distribute, publish, retain, improve, prepare derivative works of, and commercialize the Submitted Materials; and (ii) release
Komigo from any
claims related to defamation, invasion of privacy, rights of
publicity, copyright, or any other legal or financial responsibility
that may arise
regarding the use of any
image, name, voice, and likeness embodied in the Submitted Materials.
With respect to any and all Submitted Materials and any other information or material submitted by you, you
hereby warrant and represent that such Submitted Materials: (a) are true, accurate, authorized, and complete;
(b) are not unlawful, obscene, fraudulent, indecent; do not defame, abuse, harass, or threaten others; and are
not hateful or racially, ethnically, or otherwise objectionable; (c) do not contain any software viruses,
Trojans, worms, bombs, or any other computer code, files, or programs designed to interrupt, destroy, or limit
the functionality of any computer software or hardware or telecommunications equipment or that may damage,
detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or
personal information; (d)
do not advocate
or encourage any
illegal activity; (e) do not
infringe the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary,
contractual, personal, or other right
of any third
party; (f) do
not violate the
privacy of individuals,
including other users of the
Site, and do
not impersonate any other person
or entity; and
(g) do not violate
any applicable local, state, national, or international law.
11. Disclaimer
of Content
Komigo, in its sole discretion, may at any time refuse or delete Submitted Materials it deems
inappropriate, illegal, or harmful to
others. Komigo does not undertake
any obligation to
monitor the Site for such material. The views, opinions, and accuracy of
information posted on the Site
are the responsibility of the poster. Komigo does not control, verify, or endorse any Submitted Materials or
any other information or content not originating from Komigo or Komigo’s licensors. Komigo is not responsible
for any person’s misuse or misappropriation of any Komigo Materials, Submitted Materials, or any other information contained on the Site
or linked from the Site.
12. Contests and Special Features
Komigo may, from
time to time,
host contests or
other similar events on the
Site or offer
certain special features
or functionalities. In addition to
these Terms of
Use, such contests
or features may be
subject to their own terms and conditions, which you must read and agree to before you may enter such contests
or use such special features.
13. Intellectual
Property Infringement Complaints - Digital Millennium Copyright Act Notice
Komigo respects others’ intellectual property rights and has made every effort to secure appropriate clearances
for all content that Komigo directly makes available on the Site, and we ask our users to do the same. Komigo
may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it
suspects to be infringers of intellectual property. Pursuant to the Digital Millennium Copyright Act (“DMCA”),
Komigo has a designated agent
to receive intellectual property infringement claims. If you believe
any material on the Site is
infringing and has been
posted by Komigo, our users,
or any other
party, you may notify
Komigo of the alleged infringement by contacting Komigo’s designated DMCA Agent
at:
Komigo, LLC
Legal Department
4101 N. Thanksgiving Way, Ste. 420
Lehi, UT 84043
Please include the
following information in your notice:
(i)
Identification of the work(s) claimed to have been infringed and a statement of ownership to such
work(s);
(ii)
Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information reasonably sufficient to
permit us to locate the material;
(iii)
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and
e-mail address at which you may be reached;
(iv)
A statement that you have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
(v)
A statement, under penalty of perjury, that the information in the notification is accurate
and that you
are authorized to act on
behalf of the
owner of an
exclusive right that is allegedly infringed; and
(vi)
Your physical or electronic signature.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED
“AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. KOMIGO
DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE
SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS;
(ii) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KOMIGO AND ITS OWNERS, MEMBERS, PARENTS, SUBSIDIARIES,
AFFILIATES, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS DISCLAIM ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES
OF MERCHANTABILITY,
FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT;
(iii) ANY KOMIGO MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL KOMIGO BE LIABLE IN ANY WAY FOR ANY
KOMIGO MATERIALS, 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 MISUSE OF ANY MATERIAL POSTED, EMAILED, OR OTHERWISE
TRANSMITTED VIA THE SITE;
(iv) THE SITE AND KOMIGO MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME ALL RESPONSIBILITIES AND
OBLIGATIONS WITH RESPECT TO THE USE OF SITE MATERIALS TO ACHIEVE YOUR INTENDED
RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND
OBLIGATIONS WITH RESPECT
TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A
RESULT OF THE USE OR APPLICATION OF ANY SITE MATERIALS, INCLUDING ADVICE YOU GIVE TO ANY THIRD PARTY;
AND
(v) IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, YOU SHOULD NOT USE THE SITE.
15. LIMITATION OF LIABILITY
(i) YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL KOMIGO OR KOMIGO’S PARENTS,
SUBSIDIARIES, OR AFFILIATES, ANY OF THEIR RESPECTIVE SPONSORS, CONTRACTORS, VENDORS, SUCCESSORS, ASSIGNS, OR
LICENSEES, OR ANY OF THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR
REPRESENTATIVES (COLLECTIVELY, THE KOMIGO RELEASED
PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING
IN ANY WAY
TO THE SITE,
THE USE OR
THE INABILITY TO USE THE
SITE, UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE
SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE, OR ANY OTHER MATTER
RELATING TO THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
(ii) YOUR SOLE REMEDY FOR DISSATISFACTION WITH
THE SITE AND/OR
SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS
LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT
AND FUTURE CLAIMS AND
WITH THE INTENT OF WAIVING ALL RIGHTS UNDER UTAH LAWS OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE
KNOWN.
16. Indemnification
You irrevocably agree to defend, indemnify, and hold the Komigo Released Parties harmless from and against all
claims or demands regarding: (i) your misuse of the Site or any Komigo Materials
on the Site;
(ii) any violation
by you of
any term of
these Terms of
Use; (iii) any
breach by you of any representations or warranties made by you under these Terms of Use; (iv) any Submitted
Materials; and (v) your violation of any law or the rights of another party. Indemnification under these Terms
of Use shall include, but not be limited to, any liability or
expenses, losses, damages (actual and consequential), suits, judgments, litigation costs, court costs, and attorneys fees. This indemnification obligation
will survive any
termination of these Terms of
Use.
17. Termination
Komigo reserves the unrestricted right, in its sole discretion, to restrict, suspend, or terminate your
access to or
use of the
Site and/or to
terminate the licenses granted herein at any
time for any reason.
You understand and agree that any termination of your access or use of the Site may
be effected without prior notice to you, and that such termination may result in the forfeiture and destruction
of all information and content associated with you and your activities on the Site.
18. Dispute Resolution
Most customer concerns can be resolved quickly by contacting Komigo Support. In the unlikely event that Komigo
Support is unable to resolve your complaint, these Terms of Use will govern dispute resolution between us.
To the extent permitted by applicable laws, you agree that, regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to these Terms of Use, or your use of the Site, must be
filed within one (1) year after such claim arose or be forever barred.
Both you and we agree that in the event of any dispute between us concerning this Site, your use of
the Site, these
Terms of Use
or any purchase,
transaction or advertisement on this Site, the
party wishing to address the dispute must first
contact the other
party in writing
or by e-mail,
and advise the other party of
the dispute in
reasonable detail as well as
informing the other party of
the remedy being sought. All such notices to us shall be sent to
the following address: 4101 N. Thanksgiving Way, Ste. 420, Lehi, Utah 84043. The parties shall then make a good
faith effort to resolve the dispute before resorting to more formal
means of resolution. In the event that the dispute is not resolved within thirty days of receipt of the written
notice, the party raising the dispute may proceed to mandatory arbitration as set forth below.
YOU AND KOMIGO AGREE THAT DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION. WE ARE BOTH WAIVING
THE RIGHT TO
HAVE DISPUTES HEARD IN COURT AS DESCRIBED BELOW.
Any dispute between us concerning this Site, your use of the Site, these Terms of Use or any purchase,
transaction, or advertisement on this Site, other
than a request
for injunctive relief to enforce an intellectual property right, shall be resolved
through binding and mandatory arbitration or in small claims court.
Arbitration is a method of resolving claims, disputes, and other controversies without filing a lawsuit.
By agreeing to
arbitrate, the right to go
to court is
waived, and instead disputes are referred to an arbitrator for final and binding resolution.
Notwithstanding the foregoing, any party may apply to a court of competent jurisdiction in either Salt Lake
County or Utah County in the State of Utah in the United States, or in any other jurisdiction as necessary, to:
(i) seek a temporary restraining order, preliminary injunction, or other injunctive
relief before, during the pendency of, or
after a decision
in any arbitration award or order to protect the party’s confidential, private, trade
secret, or proprietary information; or (ii) enforce an arbitration
award or the injunctive relief granted by an arbitrator.
APPLICABLE LAW, RULES, AND VENUE:
CANADA AND THE
UNITED STATES: For individuals or entities located in either Canada or the
United States, the interpretation and enforcement of this arbitration agreement shall be governed by the Federal
Arbitration Act (or “FAA”). Arbitration shall take place in either Salt Lake County or Utah County in the State
of Utah in the United States.
CLASS ACTION WAIVER: You and Komigo agree to waive any right to bring a class action, participate in a class
action, or proceed on a class basis. In the event this class action waiver is declared
to be unenforceable for any reason, the
entire arbitration agreement shall be declared null and
void (but the remainder of these terms and shall remain in effect).
Arbitrator Award. The arbitrator shall issue a written award in accordance with applicable arbitration
rules. The award shall be limited to deciding the obligations and rights in the specific dispute
between the parties. The arbitrator may impose equitable relief against a
party only if
sought by the other party. Judgment upon the award rendered by the
arbitrator may be entered in
any court located within the applicable venue, as set forth in
these terms and conditions, and that judgment shall be final and non-appealable.
Severability. With
the exception of
the class action
waiver set forth
above, if any
provision in this
Arbitration Agreement is declared to be unenforceable for any reason, the remainder shall remain in effect.
Fees. The parties will each bear their own costs and expenses and an equal share of the (i) cost of the
arbitrator and (ii) administrative fees of arbitration.
Confidentiality. Except
as may be
required by law,
neither the parties nor the
arbitrator may disclose sensitive, confidential,
or proprietary information obtained in
connection with the
arbitration. The arbitrator shall be authorized to issue protective orders relating to the disclosure of such
information.
19. Governing
Law and Venue
The laws of the State of Utah shall govern all matters relating to or arising from these Terms of Use and your
use of the Site and any services, features, materials, applications, contests, or functionalities of the Site,
without regard to conflict of law principles. Jurisdiction and venue of any matter not subject to arbitration
shall reside in the Federal District for the District of Utah or any state court in Utah County, in the State of
Utah, in the United States.
20. Miscellaneous
Provisions
Waiver. Komigo’s failure to assert or enforce any right or term under these Terms of Use shall not
constitute a waiver of such
right or term
or in any
way affect its
right at a
later time to
enforce such right or term. No waiver of any right or term shall be deemed to be a continuing waiver of such
right or term or any other right or term.
Severability. If
any provision of
these Terms of
Use is found
to be unlawful,
void, or for
any reason unenforceable, then that provision shall be deemed
severable from the remainder and shall not affect the validity and
enforceability of any remaining provisions, which will remain in force.
Survival. Even after termination of your account or these Terms of Use for any reason, all rights,
obligations, and conditions under these Terms of Use which by their nature should survive will survive,
including, without limitation, warranty disclaimers, indemnification obligations, dispute resolution provisions,
and limitations of liability.
NOTICE FOR CALIFORNIA USERS Under California Civil Code Section
1789.3, Residents of
California who use
this Website are
entitled to know
that they may
file grievances and complaints with: the Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080,
Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at
dca@dca.ca.gov
21. Contact Us
If you have
any questions or
concerns regarding these Terms of
Use, please contact us at Komigo Support
or by regular mail at Komigo, LLC, Attn: Legal Department, 4101 N. Thanksgiving Way, Ste. 420, Lehi, Utah
84043, United States. Please note that such communications are not necessarily
secure. Accordingly, you should not
include credit card information or other sensitive
information in your correspondence with us.
Last Updated: May
2024