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Terms Of Use

Last Modified: May 2023

Welcome to KO Elixir LLC ("Company") We are delighted that you have chosen to visit our website. These Terms of Use constitute a legally binding agreement between you and KO Elixir LLC, governing your use of our website and services. We encourage you to carefully read and understand these terms. If you have any questions, please feel free to contact us at info@koelixir.com.

 

Acceptance of the Terms of Use

These Terms of Use ("Terms") are entered into by and between you and KO Elixir LLC and govern your access to and use of our website, including any content and services offered through it (collectively referred to as the "Website").

By accessing or using our Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, as well as our Terms of Purchase and Refund Policy. If you do not agree with these terms, you should not access or use our Website. By using this Website, you represent and warrant that you are 18 years of age or older and of legal age to enter into a binding contract with KO Elixir LLC.

 

Changes to the Terms of Use

KO Elixir LLC may revise and update these Terms of Use from time to time without prior notice. Any changes are effective immediately upon posting. Your continued use of the Website after the posting of revised Terms of Use constitutes your acceptance of the changes. We recommend checking this page periodically to stay informed about any updates, as they are binding on you.

 

Accessing the Website and Account Security

KO Elixir LLC reserves the right to modify or discontinue the Website, or any service or product provided through it, without notice. We will not be liable if any portion of the Website becomes unavailable at any time or for any period.

To access certain features or services of the Website, you may be required to register and create an account. By registering, you agree that all information you provide to us is accurate, current, and complete. Your registration and use of the Website are governed by our Privacy Policy, and you consent to the collection, use, and disclosure of your information as described in that policy.

If you have a username and password to access the Website, you are responsible for maintaining the confidentiality of your account and must not disclose this information to any third party. You agree to notify KO Elixir LLC immediately if you become aware of any unauthorized access or use of your account or any other breach of security. KO Elixir LLC reserves the right to disable any username or password, whether chosen by you or provided by us, at any time.

 

Intellectual Property Rights

KO Elixir LLC is the owner of the Website and all its contents, including but not limited to information, text, images, videos, audio, designs, and services. These materials are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.

You are granted permission to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Website. If you violate these Terms of Use by reproducing, copying, modifying, downloading, or using any part of the Website without authorization, your right to use the Website will terminate immediately, and you must return or destroy any copies of the materials you have made. No rights, titles, or interests in the Website or its content are transferred to you, and all rights not expressly granted to you are reserved by KO Elixir LLC. Unauthorized use of the Website may violate copyright, trademark, and other applicable laws.

 

For any requests to use material from our Website, please contact us at info@koelixir.com.

 

Trademarks

The name "KO Elixir LLC," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks owned by KO Elixir LLC. You must not use these marks without our prior written permission.

 

Disclaimer

The information presented on our Website is provided solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. KO Elixir LLC disclaims all liability and responsibility arising from any reliance on such materials.

 

SMS, MMS, & Other Text Message Terms & Conditions

The KO ELIXIR mobile message service (the "Service") is operated by KO ELIXIR (“KO ELIXIR”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to KO ELIXIR’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of KO ELIXIR through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with KO ELIXIR. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18556424435 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other KO ELIXIR mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18556424435 or email info@koelixir.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

Changes to the Website

KO Elixir LLC may update the content on the Website periodically, but we are under no obligation to do so. The content on the Website may not be complete or up to date at all times. We do not guarantee that the information provided on the Website is accurate, reliable, error-free, or uninterrupted, nor do we guarantee that the Website or any services or items obtained through it will meet your needs or expectations.

 

Online Purchases and Other Terms and Conditions

All purchases made through our Website or other transactions, including the sale of goods, services, or information, are governed by our Terms of Purchase and Refund Policy. These terms are hereby incorporated into these Terms of Use.

 

Linking to the Website and Social Media Features

You may link to our homepage as long as it is done in a fair and legal manner that does not harm our reputation or take advantage of it. However, you must not establish a link in a way that suggests any form of association, affiliation, or endorsement on our part without our consent.

 

Links from the Website

If the Website contains links to third-party sites or resources, these links are provided for your convenience only. KO Elixir LLC has no control over the content of those sites or resources. Therefore, if you choose to access any third-party websites linked on this Website, you do so at your own risk.

 

Disclaimer of Warranties

You understand that KO Elixir LLC cannot guarantee or warrant that the Website will be free of viruses or other harmful components. TO THE FULLEST EXTENT PERMITTED BY LAW, KO ELIXIR LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR DATA DUE TO YOUR USE OF THE WEBSITE, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE, OR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE.

YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED "AS IS." KO ELIXIR LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, KO ELIXIR LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KO ELIXIR LLC, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision.

The federal and state courts located in the city of Tampa, Hillsborough County, Florida, have exclusive jurisdiction over any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website. You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Class Action Waiver

If permitted by applicable law, you and KO Elixir LLC each waive the right to litigate any dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general.

 

Waiver and Severability

No waiver by KO Elixir LLC of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of KO Elixir LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, it will be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@koelixir.com

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