TERMS AND CONDITIONS
- Introduction
- Consent and Capacity
- Privacy
- Intellectual Property Rights
- User Content
- User Responsibilities
- Products and Services
- Your Account and Orders
- Site Links
- Disclaimer
- Limitation of Liability
- Indemnification
- Choice of Law
- Dispute Resolution
- Severability
- Changes to These Terms
- Contact Us
Introduction
Welcome to Kuczora & Co. This Site is owned and operated by Kuczora & Co. LLC (“Kuczora,” “we,” or “us”). These Terms and Conditions (“Terms″) govern your use of our Site, hereafter referred to as “the Site”. These Terms include information about usage, licensing, and intellectual property. Please read these Terms carefully. By using the Site, you acknowledge that you have read and understood and agree to be bound by these legally binding Terms and our Privacy Policy, which is hereby incorporated.
Consent and Capacity
To use our services, you must be at least eighteen. Your use of our services is conditioned on your acceptance of these Terms. If you do not agree with these Terms, please discontinue your use of the Site. By using our services, you warrant entering a binding contract with Kuczora & Co. LLC. Areas of the Site may also be subject to additional terms. Any additional terms are not intended to replace or supersede these Terms but rather supplement these Terms in those specific areas. Please take the time to familiarize yourself with the additional conditions of those areas before accessing them.
Privacy
We collect data and information about you in connection with your use of the Site. We will process, use, and store such data and information in accordance with our Privacy Policy. You hereby confirm that any information you provide is true, complete, and accurate. Any breach of the Terms and/or Privacy Policy may result in the suspension of your account.
Intellectual Property Rights
Kuczora’s trademarks, trade names, logos, and other intellectual property incorporated into the Site are the sole property of Kuczora & Co. LLC or its licensors and are protected under copyright, trademark, trade secret, and other intellectual property laws. Copying or distributing any material, illustrations, photographs, video, or content from the Site without consent is not just prohibited; it’s a serious infringement. Additionally, any use that constitutes an infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights.
User Content
Kuczora & Co. allows its users to post, upload, or comment on content on the Site. This user-generated content includes, but is not limited to, reviews, comments, and pictures. By posting on the Site, you grant Kuczora & Co. LLC a perpetual, nonexclusive, unrestricted, worldwide license to all user content you post. You acknowledge that you are the sole owner of any copyrights and that your content does not infringe the rights of any third parties. You agree to be fully responsible for any content you post on the Site. Any violation of our or any other person’s intellectual property rights may result in account suspension, liability for damages incurred, injunctive relief, and/or any other legal action allowed by law.
User reviews, comments, pictures, and ideas posted on the Site may be used to improve Kuczora & Co. By submitting user content, you permit us to store and use such content to improve our services.
Kuczora & Co. LLC may monitor any user’s content posted to the Site. We reserve the right, at our discretion, to remove, terminate, or prohibit users from accessing the Site for any reason or no reason, with or without notice.
User Responsibilities
Users of the Site agree to the following guidelines:
- You will keep your username and password confidential. You will not share this information with any other person.
- You will not use another user’s login and registration information.
- You will not create fake accounts for spam users or visitors, collect personal information with or without consent, or engage in other deceptive practices.
- You will not circumvent, evade, disable, or otherwise interfere with the Site’s security.
- You will not infringe the intellectual property rights of others.
Additionally, to access certain portions of the Site, you may be required to provide information. The information you provide must be truthful, accurate, and complete. The information you provide is subject to our Privacy Policy, which is hereby incorporated into these Terms.
Products and Services
We make all reasonable efforts to display the products and services listed accurately. Despite this, the colors we use and the display and color capabilities of your device’s screen or
monitor will affect how these colors look to you. We cannot guarantee that the display of the product’s color, texture, or details will be accurate on your screen. While we try to ensure that our products are described and priced accurately, we do not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free. If a product or service’s description or price is inaccurate or in error, we reserve the right to refuse the sale of such product or service. If the error is discovered after payment has been finalized, we reserve the right to cancel the sale and refund the transaction in full. If a product or service we offer is not as described, then your sole remedy is to return the product to an unused condition.
Your Account and Orders
To place an order, you must open an account with us (the “Account”). Opening an account will require you to provide some required personal information. Alternatively, you may place your order by using your Google or Facebook accounts. You are not legally obligated to provide us with personal information, and you hereby confirm that you provide us with personal information of your own free will. When you create an account with us, we may offer you or require you to use a password to access certain site areas and maintain your account security. You are solely responsible for maintaining the confidentiality of your Account and restricting access to the devices you use to access the Site (personal computer, laptop, smartphone, or otherwise). You agree that you are solely responsible for all activities under your Account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Acceptance of Your Order
Completing the online checkout process does not constitute accepting your offer to purchase products or services from us. We shall be confirmed by email as soon as possible to acknowledge that we have received and are processing your order. Shipping varies depending on the service or product ordered due to the time it takes to sort, produce, service, ship, and deliver an item. We have the right to decline an order at our discretion for any reason (this may be due to legal reasons or due to availability or stock). We shall take no liability to you as a result of such refusal of any order submitted by you to the maximum extent permitted by law.
Shipping and Delivery
We may choose shipping carriers at our discretion. Delivery charges and times may vary depending on the type of product ordered, the service you select, and the delivery location. If a delivery may not be completed due to a customer not being present at the delivery address or if a customer refuses to accept the product, we reserve the right to deduct the cost for returning products to us from the customer’s refund for that order. Upon delivery, all risks (including risk of loss and/or damage) related to the products you order shall be passed to you. Suppose a delivery is delayed or prevented for reasons beyond our control. In that case, we will keep you informed to the extent possible, but we shall not be liable for such delay or failure.
Cancelations and Refunds
You may cancel an order so long as we have not begun working on a service order or shipped a product ordered. You may have cancellation rights governed by local legislation. These Terms do not affect such statutory rights.
Site Links
The Site contains links to websites that we do not maintain. We try to post links only to websites that we approve of and believe are in good faith, have good taste, and are safe for our visitors.
Notwithstanding, we are not responsible for the content or accuracy of any website other than our own. We do not endorse a website by including a link in the Site. You acknowledge and agree that your access to any other websites is of your own free will and that you do so at your own risk.
Disclaimer
THE SITE, ITS CONTENT, AND ALL THE MATERIALS ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE. YOU ACCESS THE SITE AT YOUR RISK UNDERSTANDING THAT KUCZORA & CO. LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. KUCZORA & CO. LLC WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM YOUR USE OF THIS SITE. KUCZORA & CO. LLC DISCLAIMS ANY AND ALL WARRANTIES PERTAINING TO THE ACCURACY AND USEFULNESS OF THE MATERIALS, CONTENT, SOFTWARE, OR SERVICES PROVIDED VIA THE SITE. KUCZORA & CO. LLC MAKES NO PROMISES OR REPRESENTATIONS THAT OUR SOFTWARE IS FREE FROM VIRUSES, MALWARE, OR ANY OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.
THIS SECTION APPLIES TO YOU TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, KUCZORA & CO. LLC DOES NOT ACCEPT LIABILITY FOR LOSS OR DAMAGE OF ANY KIND, BE IT DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, ACTUAL, PUNITIVE, OR OTHERWISE, WHETHER IT ARISES FROM PERSONAL INJURY, FINANCIAL LOSS, DATA LOSS, OPPORTUNITY LOSS, THIRD-PARTY USE OR MISUSE, AGGREGATE SERVICE, PERSONAL DISSATISFACTION, OR ANY OTHER DAMAGE RESULTING FROM YOUR USE OF THE SITE. THE FULL ASSUMPTION OF RISK AND, THEREFORE, RESPONSIBILITY LIES WITH YOU, THE USER, AND THE VISITOR. KUCZORA & CO. LLC, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, ASSIGNORS, AND LICENSORS WILL NOT BE HELD LIABLE IN ANY EVENT. FOR JURISDICTIONS IN WHICH STATUTORY LAW PROHIBITS THE LIMITATION OF CERTAIN TYPES OF LIABILITY RELATED TO THE GROSS NEGLIGENCE OF A PARTY, KUCZORA & CO. LLC’S LIABILITY IS LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless Kuczora & Co. LLC, its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses related to or stemming from any use of the Site or your breach of these Terms and any other policies incorporated into this agreement.
Choice of Law
These Terms and any disputes arising from the use of THE SITE are governed by and construed according to the law of the state of Florida. Each party agrees to submit to the courts of the state of Florida and that the state of Florida has personal jurisdiction over the matter.
Dispute Resolution
We believe that it is beneficial to all parties to resolve potential disputes quickly and cost-effectively. In line with this belief, you agree that any disputes arising from your use of the Site will be handled and resolved according to the provisions of these Terms unless otherwise explicitly stated. If a dispute arises, you agree first to contact us and attempt to resolve any such issues informally. If informal attempts fail, you agree to submit any claim, dispute, or controversy to binding arbitration.
YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL YOU MAY HAVE IN ANY AND ALL JUDICIAL PROCEDURES AND PROCEEDINGS RELATED TO ANY DISPUTE ARISING FROM YOUR USE OF THE SITE UNDER THESE TERMS.
ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.
Severability
If any portion of these Terms is deemed unenforceable, void, or invalid for any reason, the remaining provisions will remain unaffected and will not be considered unenforceable, void, or invalid. They will maintain the full force of law to the extent possible.
Changes to These Terms
We may update these Terms from time to time. If any updates are made to these Terms, they will be posted here. Additionally, if material changes are made, we will notify you via a notice posted on the Site, and registered users will receive an additional email. Please check this page frequently for updates.
Contact Us
If you have any questions, comments, or concerns about these Terms or our services, please contact us via email at or by mail at 401 E. Jackson St., Suite 2340, Tampa, Florida 33602.
Effective Date: April 15, 2024