Terms of Use
Last Updated: 2023-10-27
Welcome to kovel.top! These Terms of Use (“Terms”) govern your access to and use of the website kovel.top (the “Website”), owned and operated by Peder Russo (“we,” “us,” or “our”).
By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all these Terms, do not use this Website.
1. Acceptance of Terms
By using the Website, you affirm that you are at least 18 years old or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
2. User Responsibilities
- Account Information: If you create an account on our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
- Accurate Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- Prohibited Uses: You agree not to use the Website for any unlawful purpose or any purpose prohibited by these Terms, including but not limited to: violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; infringing upon or violating our intellectual property rights or the intellectual property rights of others; harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; submitting false or misleading information; uploading or transmitting viruses or any other type of malicious code; collecting or tracking the personal information of others; spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
3. Intellectual Property Rights
All content on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Peder Russo or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Peder Russo and protected by U.S. and international copyright laws.
The trademarks, service marks, and logos used and displayed on this Website are registered and unregistered Trademarks of Peder Russo and others. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website, without the written permission of the Trademark owner.
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website without express written permission by us.
4. Product Information and Pricing
We strive to ensure that all information and descriptions of products available on the Website are accurate and complete. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Peder Russo itself is not as described, your sole remedy is to return it in unused condition.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
5. Orders and Payments
All orders placed through the Website are subject to our acceptance. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We accept various forms of payment as indicated on the Website. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
6. Shipping and Delivery
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Risk of loss and title for items purchased from kovel.top pass to you upon our delivery to the carrier.
7. Returns and Refunds
Please refer to our separate Return Policy, available on the Website, for information regarding returns and refunds.
8. Disclaimer of Warranties
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PEDER RUSSO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PEDER RUSSO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEDER RUSSO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEDER RUSSO DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM PEDER RUSSO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
IN NO EVENT SHALL PEDER RUSSO, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE WEBSITE OR FOR PRODUCTS PURCHASED THROUGH THE WEBSITE IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Peder Russo, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
11. Governing Law
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Website or these Terms shall be instituted in a state or federal court in Detroit, Michigan, and you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.
12. Changes to Terms
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
13. Contact Information
Questions about the Terms of Use should be sent to us at:
Peder Russo
3397 Nash Street
Detroit, MI, US
Email: [email protected]
Phone: 313-706-9536