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Terms & Conditions

Contact Information

This web site, koiscenter.com, is operated by Kois Center, LLC, a Washington limited liability company (“Kois”), and all questions and inquires about this web site should be directed to:

Kois Center, LLC
Attn: Chief Operations Officer
1001 Fairview Avenue North - Suite 2200
Seattle, WA 98109

Telephone – (206) 621-5310

Offer and Acceptance

The purpose of this website is to provide you with information regarding the services and products offered by Kois. This web site and all its images and text are offered to you by Kois. This offer is conditioned on your acceptance without modification of these terms and conditions. Your use of this web site constitutes your acceptance of and agreement to comply with all such terms and conditions.

Reservation of Rights

Kois reserves the right to make updates, improvements and/or changes to this web site and its contents at any time, including to these terms and conditions without prior notice to you. Please consult this Terms and Conditions page of the web site each time you view or use this web site. Any rights not expressly granted by Kois herein are reserved.

Notice Not to Use Web Site

If you do not agree with any of these terms and conditions, do not use this web site because you will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this web site.

Copyrights and Trademarks

The entire web site content, including but not limited to all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Kois or by third parties who have licensed their materials to Kois. These contents are copyrighted as a collective work under U.S. copyright laws, and Kois owns a copyright in the selection, coordination, arrangement and enhancement of these contents. The contents of this web site are intended only for personal and noncommercial use by the web site users. Therefore you may download, print and store selected portions of these contents; provided, however, you: (i) only use these copies of the contents for your own personal and noncommercial use; (ii) do not copy or post the content on any network computer or broadcast the content in any media; and (iii) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. Kois is expressly not transferring or assigning to you any right, title or interest in any downloaded materials and Kois reserves complete title and full intellectual property rights in the web site contents that you have downloaded from this web site. Except as expressly provided for above, you are not authorized to copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the web site content without first obtaining written permission from Kois. Any attempt to infringe upon or to circumvent these copyrights, trademarks, service marks, trade names or other intellectual property rights held by Kois will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.

Disclaimers

While Kois we endeavor to maintain the accuracy of the web site’s contents, Kois does not warrant that the web site contents is, or will be, accurate, reliable or current. Therefore by using this web site you acknowledge your understanding that: (i) the some of the contents on this web site may contain inaccuracies or errors and may be changed or updated by Kois without prior notice to you; (ii) all contents of this site are provided on an “AS IS” basis; and (iii) Kois MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED REGARDING THE USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

In addition, Kois does not warrant that the web site, or the server which makes it available to you, will be free of viruses or other harmful elements. Any such warranties are expressly disclaimed.

Furthermore by using this web site you acknowledge and agree that no professional advice is being provided on the web site and that your use should not be construed as a substitute for consultations with qualified professionals regarding your particular needs.

Limitations on Damages

IN NO EVENT SHALL KOIS, ITS MEMBERS, MANAGERS, EMPLOYEES OR AFFILIATED ORGANIZATIONS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, OR ANY OTHER WEB SITE TO WHICH IT IS LINKED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE EVEN IF KOIS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and to hold Kois (including all of its members, managers, officers, and employees) harmless from all claims, damages, costs and expenses (including the attorneys’ fees of the indemnified parties), arising out of or related to your access or use of, or your inability to access or use, this web site or any of the contents contained in the web site or other web sites to which it is linked, including but not limited to clams that this web site or any other web site to which it is linked is obscene, offensive, or defamatory, or that it infringes upon your intellectual property rights.

Links to Web Site

By using this web site you acknowledge your understanding that Kois may provide links on this web site to other web sites that are not under the control of Kois. These links are provided for convenience or reference only and Kois makes no representations whatsoever about any other web sites that you may access through this web site.

You may provide links to this web site on another web site, provided that: (i) the link is a text-only link clearly marked “Kois Center,”; (ii) the link must go directly to this web site’s home page with a URL http://www.koiscenter.com and not to other pages within the web site; (iii) the appearance of the link may not give a false suggestion that an entity other than Kois is associated with this website; (iv) the appearance of the link may not be such as to dilute or injure the goodwill associated with Kois and (v) the link, when activated by a user, must display the full screen of this web site and not within a “frame” on the linked web site. Kois expressly reserves the right to revoke its consent to any link and/or to amend its “Links” policy at any time within its sole discretion. If you wish to link to our web site in any manner other than as expressly conditioned above, you must first obtain written approval from Kois, whose approval may be withheld for any reason within its sole discretion.

Email Security

E-mail messages that you send to Kois by e-mail may not be secure. If you choose to send confidential information to Kois, we will attempt to respond in a timely manner via e-mail, but you assume the risk that a third party may intercept this information. If you wish to maintain secure communications, you should use the telephone.

Use of Cookies

Kois may collect data regarding the numbers of visitors to the web site, the pages visited, and other information pertaining to the users of the web site. This data is collected to improve our services. In this regard, we may use data, known as “cookies,” that reside on your computer in order to personalize our services in response to your use of this web site. The cookies do not extract information about you. Your browser should allow you to control whether and how you receive cookies. If you choose to delete your cookies, please be advised that you might lose some minor, convenient features of this web site.

Submissions

Kois welcomes your comments regarding this web site. However please be advised that any comments, feedback, ideas, suggestions or other communications that Kois receives from you (collectively, “Responses”), which are sent to Kois shall be deemed and remain the exclusive property of Kois. Your submission of any such Responses shall constitute an assignment to Kois of all your rights, titles and interests in such Responses and Kois will have a right to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Therefore, you should not send us any Responses that you do not wish to assign to us, including any confidential information or any original creative materials.

No Unlawful Use

As a condition of your use of this web site, you warrant that you will not use this web site for any unlawful purpose or any purpose prohibited by these terms, conditions and notices.

Governing Law

This web site (excluding any other web sites that are linked to this web site) is owned by Kois with principal offices in Seattle, Washington. Therefore by accessing and using this web site you agree that the laws of the State of Washington, without regard to conflicts of laws principles shall govern all actions and proceedings arising out of or relating to the use of the web site. You also agree and hereby submit to the exclusive jurisdiction of the courts of King County, Washington and the United States District Court for the State of Washington with respect to all actions and proceedings arising out of or pertaining to this web site.

Severability

If any part of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severed from these Terms and Conditions and such court shall replace such severed provision by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.

Attorneys Fees

In the event you breach these Terms and Conditions and Kois is required to retain legal counsel to enforce its rights hereunder (whether Kois commences legal proceedings or not), you agree to pay the costs and reasonable attorneys’ fees incurred by Kois in enforcing its rights.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Kois with respect to your using and viewing of this web site and supersede all prior agreements, whether electronic, oral, or written, between you and Kois regarding the same. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. However if you purchase any product or service from Kois, the terms and conditions pertaining to such purchase and which are stated in a separate purchase order or agreement (as opposed to these Terms and Conditions) shall govern such purchase.