ADA Site Compliance Website Accessibility Statement

Koh Gen Do strives to maintain a compliant website and is committed to providing an online environment that is accessible to all visitors in accordance with Section 504 of the Rehabilitation Act of 1973, Section 508 of the Rehabilitation Act (29 U.S.C. 794d), and relevant implementing regulations, as well as with the recommendations contained in the Web Content Accessibility Guidelines (WCAG) 2.1, promulgated by the World Wide Web Consortium, as may be updated and/or otherwise amended from time to time.

We recognize that accessibility and usability are not always possible in every area of the website or for those using assistive technology and devices. Therefore, Koh Gen Do has conducted, and conducts ongoing accessibility reviews of its website and has remediated and continues to remediate any issues identified during such reviews.

Please be aware that our efforts are ongoing as we incorporate the relevant improvements to meet the above-referenced laws, regulations and guidelines.

If you have specific questions or concerns about the accessibility of this site or need assistance in using the processes found within this site please contact us here: customerservice@kohgendo.us.

If you have found an inaccessible area on the site, please be sure to specify the Web page and provide us with any other information you may think will help us locate the area. We will make all reasonable efforts to make that page accessible. Otherwise, if a page cannot be made accessible we will work to make a text version available. If you have a need for a specific electronic format, please contact us here: customerservice@kohgendo.us. Please provide the format that you require the content to be in, the web page address of the material, and your contact information. We welcome your questions about this accessibility statement and comments on how to improve the website's accessibility.

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TERMS & CONDITIONS

TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

Koh Gen Do Americas, LLC (“Koh Gen Do”) provides the www.kohgendocosmetics.com website (together with any other website Koh Gen Do may provide now or in the future, collectively, the “Sites”), all information and other content on the Sites (collectively, the “Content”), all informational and other services available through the Sites (collectively, the “Services”) and all products that may be purchased through the Sites (collectively, the “Products”) pursuant to the terms and conditions set forth below and the terms and conditions incorporated herein by reference (collectively, the “User Agreement”), which is a legally binding agreement between you and Koh Gen Do.

PLEASE READ THIS USER AGREEMENT CAREFULLY. YOU MAY ACCEPT THE USER AGREEMENT DURING THE PURCHASING PROCESS, REGISTRATION PROCESS, OR LOGIN PROCESS, WHICH CONTAINS THE EXPRESS ACKNOWLEDGEMENT THAT YOU HAVE READ AND AGREE TO THE USER AGREEMENT. 

YOU MAY ALSO ACCEPT THE USER AGREEMENT THROUGH YOUR ACTIONS. ACCESSING OR USING THE SITES OR THE SERVICES CONSTITUTES YOUR AGREEMENT BY YOUR ACTIONS TO BE BOUND BY THIS USER AGREEMENT. IF YOU DO NOT EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THIS USER AGREEMENT, THEN DO NOT ACCESS OR USE THE SITES OR THE SERVICES. THIS USER AGREEMENT WAS LAST UPDATED ON 08/15/2022.

2. AMENDMENTS TO THE USER AGREEMENT

You understand that Koh Gen Do may amend the User Agreement from time to time on a prospective basis without notice to you. A link to the User Agreement is presented each time you log in to the Site or purchase any Products, and, by completing the login or purchase process as applicable, you will be required to accept the updated User Agreement with any amendments made since your last acceptance of the User Agreement and such updated User Agreement will apply to you thereafter. In addition, the current User Agreement is available for review each time you visit the Site, and you should review the User Agreement each time you visit the Site without logging in or making any purchase. Use of the Site after the posting of an updated User Agreement constitutes your agreement to the amended User Agreement on a prospective basis. Koh Gen Do may elect to provide you with email, text, or other notice of any amendment to the User Agreement (and may summarize any such amendment), but neither the failure to provide nor any inaccuracy in any such notice shall affect your acceptance of the modified terms of the User Agreement by logging into, making purchases from or using the Site. 

IF YOU DO NOT AGREE TO ANY CHANGE, YOU MAY REFUSE SUCH CHANGE BY DISCONTINUING ALL ACCESS TO THE SITES, CEASING ALL USE OF THE SERVICES, AND REFRAINING FROM ANY FURTHER PURCHASES OF PRODUCTS. IF YOU CONTINUE TO ACCESS THE SITES, USE THE SERVICES IN ANY MANNER OR PURCHASE ANY PRODUCTS AFTER SUCH CHANGE BECOMES EFFECTIVE, SUCH ACCESS, USE, AND/OR PURCHASE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED USER AGREEMENT.

3. DESCRIPTION OF SITES AND SERVICES OFFERED

Kohgendocosmetics.com allows you to purchase skin care products, beauty products, and other products and offers information (including reviews and user-generated content) relating to skincare and beauty products and related services. In addition, Koh Gen Do may, now or in the future, offer mobile versions of the site and/or make available mobile applications or applications on various social media networking sites or other platforms and downloadable programs, and the services shall include any such offerings.

At its discretion, Koh Gen Do may offer additional services, update, revise or otherwise modify any Content, Services, or Products, and this Agreement shall apply to any and all such additional or modified Content, Services or Products. Koh Gen Do reserves the right to discontinue, suspend, cancel, or otherwise cease offering any Content, Services, or Products, with or without prior notice. You agree that Koh Gen Do shall not be held liable for any such additions, updates, revisions, modifications, discontinuances, suspensions, cancellation, or cessation of any of the Content, Services, and Products. 

The Website is available to users 18 years or older and resides in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Accessing the website and account security

We reserve the right to withdraw or amend the Website and any service or material we provide on or through the Website, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

To access the Website or some of the resources it offers (for example, our newsletter), you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our privacy policy. 

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or additional security information. You agree to notify us immediately of any unauthorized access to or use of your username, password, or any other security breach. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

ADA Site Compliance Website Accessibility Statement

Koh Gen Do does not discriminate against qualified individuals with disabilities on the basis of disability in the course of business conduct and complies with all regulations promulgated by the ADA.   Koh Gen Do strives to maintain a compliant website and is committed to providing an online environment that is accessible to all visitors in accordance with Section 504 of the Rehabilitation Act of 1973, Section 508 of the Rehabilitation Act (29 U.S.C. 794d), and relevant implementing regulations, as well as with the recommendations contained in the Web Content Accessibility Guidelines (WCAG) 2.1, promulgated by the World Wide Web Consortium, as may be updated and/or otherwise amended from time to time.

We recognize that accessibility and usability are not always possible in every area of the website or for those using assistive technology and devices. Therefore, Koh Gen Do has conducted ongoing accessibility reviews of its website and has remediated and remediated any issues identified during such reviews.

Please be aware that our efforts are ongoing as we incorporate the relevant improvements to meet the above-referenced laws, regulations, and guidelines.  If you have specific questions or concerns about the accessibility of this site or need assistance in using the processes found within this site, please contact us here: customerservice@kohgendo.us.

If you have found an inaccessible area on the site, please specify the Web page and provide us with any other information you think will help us locate the place. We will make all reasonable efforts to make that page accessible. Otherwise, if a page cannot be made accessible, we will work to create a text version available. If you need a specific electronic format, please contact us here: customerservice@kohgendo.us Please provide the format you require the content to be in, the web page address of the material and your contact information. We welcome your questions about this accessibility statement and comments on how to improve the website's accessibility.

4. REGISTRATION; GUEST ACCOUNT ACCESS

Certain Services offered on the Sites are available only to users who complete the registration process (including express acceptance of the User Agreement during such registration process) and can form legally binding contracts under applicable law. 

Koh Gen Do may permit you to purchase products using a guest checkout process. Utilizing the guest checkout process requires you to provide required information during the checkout process (including, without limitation, your email, billing, and shipping address). It requires you to accept the User Agreement expressly. However, you will not have access to all of the Services available to users who complete the registration process and log into the Site when making a purchase.

Without limiting the foregoing, the Services are not available to minors. You must be 18 years of age or older to register. Koh Gen Do reserves the right to refuse any or all of the Services to (and to refuse registration of or deactivate the account of) anyone at any time, in its sole discretion. Without limitation to the foregoing, Koh Gen Do reserves the right to refuse registration to (or deactivate the account of) anyone who has previously had a prior registered account suspended for any reason.

When you sign up, you will select a username and a password so that you can access your account at the Sites. You agree that you will keep this information confidential. When you register, you agree to (a) furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process, and (b) maintain and promptly update your registration and profile information to maintain accuracy and completeness at all times. You are responsible for maintaining the secrecy and confidentiality of your password. You are solely responsible for activities regarding your account and password (including activities by third parties using your username and password or using a login session you commenced). If you think there has been unauthorized use of your account or password, you agree to immediately notify Koh Gen Do and cooperate to resolve the issue. You understand that if you do not follow the terms of this paragraph, Koh Gen Do may suspend or terminate your account, which will prevent your use of those portions of the Sites which require you to be logged in to your account. 

You understand that Koh Gen Do is not responsible and will not be liable to you or any third person if you do not comply with the terms of this paragraph.

To log into your account, your browser must be configured to accept cookies. 

We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

5. PRIVACY POLICY

Information that you provide to Koh Gen Do through the Sites or Services will be treated by Koh Gen Do in compliance with Koh Gen Do’s Privacy Policy which can be accessed on our website, which is hereby incorporated into and made a part of this User Agreement. To the extent any provision of this User Agreement is inconsistent with Koh Gen Do’s Privacy Policy as it applies to you, the Privacy Policy takes precedence.

6. CONTENT ON SITES

Except for Your User-Generated Content (as described below), as between Koh Gen Do and you, the Sites (including any necessary software used in connection with the Sites), the Services, and all information, text, software, data, photographs, music, video, messages, tags, or any other Content made available through the Sites or Services shall remain the sole property of Koh Gen Do. The Sites and the Content may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Koh Gen Do, you shall not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Sites or any Content, in whole or in part. You will not attempt to hack, crack, or otherwise access any portion of the Sites which is not made available by Koh Gen Do in the ordinary course of making the Sites generally available to the public and registered users.

Koh Gen Do herein reserves the right to use security components that may permit digital Content to be protected (including, by way of example and not limitation, digital watermark technology), and that use of protected Content is subject to usage guidelines established by Koh Gen Do or any other providers supplying the Content. You shall not attempt to override or circumvent any such security components. 

7. USER CONTRIBUTIONS

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute. You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy. 

User Contributions posted by you or any other user of the Website.

The Sites may contain information, text, software, data, photographs, music, video, messages, tags, and other Content submitted by visitors, users, or third parties (“User-Generated Content”). User-Generated Content may include, without limitation, product reviews, product ratings, survey responses, forum postings, message board posts, instant messages, and similar comments and feedback. You agree that all User-Generated Content, whether it is publicly or privately posted and/or transmitted, is the sole responsibility of the individual from whom such User-Generated Content originated and, accordingly, that (i) you are solely responsible for evaluating any and all User-Generated Content made available by way of the Sites or Services, and (ii) Koh Gen Do provides no assurances concerning the accuracy, integrity or quality of such User-Generated Content. It is expressly understood that by use of the Sites or Services, you shall be responsible for any losses or liability to which you may be exposed as a result of User-Generated Content, including, but not limited to, any errors or omissions in any User-Generated Content, and/or any loss or damage of any kind incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available by Koh Gen Do. Koh Gen Do reserves the right to remove, redact or edit User-Generated Content posted or transmitted through the Sites (including, by example and not limited, removing or condensing reviews of Products posted by users). Still, no exercise of such right shall make Koh Gen Do responsible in any way for the contents of User-Generated Content.

Koh Gen Do does not claim ownership of any User-Generated Content you may submit, provide, or otherwise make available to Koh Gen Do  (“Your User-Generated Content”). By submitting Your User-Generated Content, you represent and warrant that you are the sole author and owner of the intellectual property and other rights to such content or that you have the necessary licenses, rights, and permissions to use the content and to provide a nonexclusive license to Koh Gen Do to use Your User-Generated Content in the manner contemplated by the Sites and these Terms of Service. By submitting Your User-Generated Content to Koh Gen Do, you hereby grant to Koh Gen Do a worldwide, fully paid, royalty-free, irrevocable, transferrable, and fully sublicensable, non-exclusive right and license to use, permit the use of, copy, reproduce, distribute, publish, modify, adapt or otherwise create derivative works from, publicly perform, publicly display and otherwise exploit and utilize in any manner all of Your User-Generated Content. 

8. MONITORING AND ENFORCEMENT AND TERMINATION

We have the right to:

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. 

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

9. CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

10. SOFTWARE APPLICATIONS

To the extent that Koh Gen Do makes available through the Sites any software that may be used in connection with the Site or Services (“Software”), including, without limitation, any “app” or similar mobile software that may be downloaded for use in connection with the Site or Services, you agree that such Software is provided to you pursuant to the terms of the end user license made available with such Software. If no end user license is made available with such Software, then Koh Gen Do grants you only a personal, non-transferable, and non-exclusive license to make use of the object code of the Software on a single device, and you shall not duplicate, alter, modify, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, to obtain unauthorized access to the Sites or Services. 

11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

If you purchase any product or service on the Website (each a “Site Product”), you may be required to provide personal financial information, including, without limitation, credit or debit card numbers and other billing information (collectively, “Financial Information”) to third-party companies which provide payment processing services for, but are not affiliated with, Company (each such third-party service provider, a “Processor”). Where a Processor is responsible for collecting, transmitting, and/or processing your Financial Information (and, in some instances, for fulfilling your order), all payment obligations for Site Products shall be governed by the terms of use/service and privacy policies of the applicable Processor. By purchasing a Site Product, you warrant that you are authorized to make the purchase using the form of payment card that you provide to the Processor. You must be 18 or older to purchase a Site Product. The Website may, from time-to-time sell products for children from time to time, but it sells them only to adults who can purchase such products with a permitted payment method and in accordance with these Terms of Use.

Company makes no warranty regarding, and accepts no liability for, any losses or damages whatsoever relating to or in connection with your purchase (or attempted purchase) of a Site Product via any Processor. You are solely responsible for any and all transactions utilizing your Financial Information, including, without limitation, any and all charges to your payment card(s). You acknowledge and agree that if any Processor experiences a data breach that affects your Financial Information, Company will in no way be responsible or liable to you for such breach. You should maintain thorough records of all your purchase transactions on the Website. You must contact the applicable Processor if you believe there is any error or unauthorized transaction concerning your Financial Information.

For more information regarding Site Product orders, shipping returns, and exchanges, please contact our customer service team anytime Monday through Friday between 8:00 am and 4:00 pm PST (excluding major holidays).

13. SALES TAXES 

Koh Gen Do shall automatically charge and withhold the applicable sales tax in accordance with state tax law.

14. CONDUCT

Koh Gen Do believes that all Sites and Services users benefit from basic rules regarding conduct while using the Services so that information and ideas may be shared freely and commerce can be conducted fairly. 

To achieve these ends, you agree to follow the following basic rules of conduct when using the Sites and/or Services: 

  1. You will comply with the User Agreement and all applicable laws; 
  2. You will never give your password to anyone, and you will not provide your billing or credit information except to make a purchase; 
  3. You will not harass, threaten or abuse other people when using the Sites or Services in any manner, and you will not post, upload, post, email, or otherwise transmit to or through the Sites any Content that Koh Gen Do  determines to be unlawful, harmful, fraudulent, libelous, defamatory, vulgar, obscene, or tortuous, or that Koh Gen Do  determines to be hateful, and/or racially, ethnically, or otherwise objectionable;
  4. You will not post, upload, post, email, or otherwise transmit to or through the Sites any Content in violation of another’s trademark, copyright, privacy rights, or other proprietary or intellectual property rights; 
  5. Except as it may be the result of a standard search engine or Internet browser usage, you will not launch, develop, distribute, or use any automated system with the Sites, including the use of any bots, botnets, scripts, apps, plugins, extensions, or other automated means to register accounts, log in, send messages, post comments, or submit Your User-Generated Content, or otherwise to act on your behalf. You will not offer or promote the availability of any such techniques or services to other Sites users.
  6. You will not post, upload, post, email, or otherwise transmit to or through the Sites any Content that may contain a virus, cancelbot, Trojan horse, harmful code, or other computer code, files, and/or programs that have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  7. You will not attempt to harvest any screen names or e-mail addresses for any commercial use; and you will not collect or store personal information about any other individual on the Site or otherwise stalk, repeatedly contact or harass another user; 
  8. You will not impersonate any other person or misrepresent a relationship with any person or entity, including, without limitation, impersonating a Koh Gen Do  representative or misrepresenting a relationship with Koh Gen Do, and you will not adopt a false identity or deceive or defraud another user; 
  9. You will not disrupt the normal flow of communication or otherwise act in any manner that would negatively affect other users’ ability to participate in any real-time interactions through the Sites or Services;
  10. You will not manipulate the Services to hide your identity or participation in Services on any Site (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier); 
  11. You will not knowingly use any device, software, or technique to interfere with or attempt to interfere with the proper working of the Site; nor will you redeliver any content using framing, hyperlinks, or other technology without Koh Gen Do’s express written permission; 
  12. You will not intentionally or unintentionally violate any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any directions of any nation or other securities exchange;
  13. You will not upload, post, email, transmit, offer, or otherwise send any bulk unsolicited advertising, promotional information, e-mail, or other solicitation (including without limitation junk mail, “spam,” chain letters, or pyramid schemes of any sort) to any person through the use of the Sites or Services, except in any such areas that may have been designed specifically for such purpose (e.g., classified forums);

If you violate any of the rules of conduct set forth above or any other aspect of the User Agreement, Koh Gen Do reserves the right to suspend or terminate your account and your access to and use of the Services without giving you any notice. Koh Gen Do further resources the right (but shall have no obligation) to at any time remove and/or delete any Content that Koh Gen Do determines in its sole discretion to be inappropriate or undesirable for the Site. 

15. FEEDBACK BY USERS

Koh Gen Do may provide mechanisms for users to contribute feedback to the Sites or Services. If and to the extent that you submit any feedback, ideas, documents, suggestions, and/or proposals concerning the Site or the Services (“Contributions”), you agree that: (1) Koh Gen Do is granted a worldwide, fully-paid, royalty-free, irrevocable, transferrable and fully-sublicensable, non-exclusive right and license to use, copy, reproduce, distribute, publish, modify, adapt or otherwise create derivative works from and otherwise exploit and utilize in any manner all such Contributions, (2) Koh Gen Do is under no obligation to either compensate or provide any form of reimbursement in any manner or nature for any such Contribution nor is Koh Gen Do under any obligation to ensure or maintain the confidentiality of any Contribution; and (3) Koh Gen Do shall accordingly be entitled to make use of and/or disclose any such Contributions in any such manner as it may see fit. You further represent and warrant that your Contributions do not contain any type of confidential or proprietary information and are not subject to any proprietary rights of any third party.

16. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS PROCEDURES

COPYRIGHT AND TRADEMARK NOTICE 

This site is owned and operated by Koh Gen Do, Americas LLC. “Koh Gen Do”  Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Koh Gen Do, ALL RIGHTS RESERVED. The Company name, the term “Koh Gen Do,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company's prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. 

You may use this site's content only for shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Koh Gen Do prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. 

All custom graphics, icons, logos, and service names are trademarks or service marks of Koh Gen Do. All other trademarks or service marks are property of their respective owners. The use of any  Koh Gen Do trademark or service mark without Koh Gen Do express written consent is strictly prohibited. 

If you believe that any of the Content on the Sites infringes upon your copyright or otherwise violates your intellectual property rights, you should provide to the Koh Gen Do agent identified below all of the following:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  3. A description of the Content and its location on the Site, which you allege is infringing upon your intellectual property;
  4. The physical address, telephone number, and email address of the owner of the intellectual property;
  5. A statement in which you state that the alleged and disputed use of your copyright or other intellectual property is not authorized by the owner of the copyright or other intellectual property, its agents, or the law;
  6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Koh Gen Do  agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Koh Gen Do 
2665 Williamson Place, STE 112
DuPont, WA 98327
253-267-1769 
Email: Customerservice@kohgendo.us

17. THIRD PARTIES ADVERTISERS AND LINKS TO OTHER SITES

Any correspondence or business dealings with, or the participation in any promotions of, any third parties advertising through the Sites or Services (which business dealings may include the payment and/or delivery of goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings) are and shall be solely between you and any such third party. You agree that Koh Gen Do shall not be responsible or liable for any loss or damage of any nature or manner incurred directly from dealings with any such third party.

Koh Gen Do and third parties may provide links to other websites and/or resources. You acknowledge and agree that Koh Gen Do is not responsible for the availability of any such external sites or resources. Koh Gen Do does not endorse, nor is it responsible or liable for, any content, products, advertising, or other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Koh Gen Do shall not be responsible or liable, directly or indirectly, for any damage or loss which may be a result of, caused, or alleged to be caused by or in connection with the use of or the reliance on any content, goods or services made available on or through any such site or resource.

18. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

You may use these features solely as we provide, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

The website from which you are linking or on which you make certain content accessible must comply with the Content Standards in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

19. LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION. 

20. SALE OF PRODUCTS

To the extent that you place an order for a Product or Products through the Site, such order is subject to this User Agreement, and any additional terms (if any) expressly set forth on the listing for such Product. 

The terms of the Return Policy available on the site, the Accepted Payment Methods, and the Shipping Policy available on the site, to the extent applicable,), in each case as in effect on the date you place an order for a Product or Products through the Site, are hereby incorporated into and made a part of this User Agreement and shall apply to such order. 

Koh Gen Do is obligated to collect state sales tax for purchases made on the website.

You are responsible for payment of any sales, use, consumption, VAT, excise, or other taxes (including taxes measured by receipts from any transaction) imposed by any taxing authority and required to be paid or collected by Koh Gen Do or you as result transactions completed using the Sites or Services. Koh Gen Do may withhold any such taxes assessed in any transaction. However, even if Koh Gen Do does not withhold and pay such taxes, you remain responsible for any taxes assessed by any governmental authority. The risk of loss or damage to any items purchased passes to you upon delivery to the carrier. 

Koh Gen Do attempts to describe the Products and display the Products accurately. However, Koh Gen Do does not warrant those Product descriptions or other Content of any Service are accurate, complete, reliable, current, or error-free. Without limitation to the foregoing, while Koh Gen Do has tried to display the colors of products accurately, the actual colors you see will depend on your monitor and may not be accurate. Use of the Sites and Services is not meant to serve as a substitute for professional medical advice; the Sites and Services are solely online stores for skin care products, beauty products, and other Products. Please consult with your physician or health care practitioner regarding using any Products or information received from the Sites or Services before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. All Products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. 

21. INDEMNITY

You shall indemnify and hold harmless Koh Gen Do and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, printers, contractors, licensors, suppliers, vendors, partners, agents, and representatives (collectively “Koh Gen Do  Parties”) from and against any liability, loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, incurred or suffered by the Koh Gen Do  Parties and arising out of or in connection with (a) your User-Generated Content; (b) your use of the Sites or Services; (c) the use of the Sites or Services by any person who uses the Sites or Services while logged on under your user name and password; (d) your violation of any provision in the User Agreement; or (e) your violation of any laws or any rights of a third party

22. DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD 

Any shipping damage must be reported to Koh Gen Do within five (5) working days of receipt of such product. Except as expressly stated herein, Koh Gen Do makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Koh Gen Do site. Except as expressly stated herein, Koh Gen Do disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Koh Gen Do arise from any product sold on the  Koh Gen Do Web site shall be the price of the product ordered. In no event shall Koh Gen Do, its directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold. 

DISCLAIMER AND LIMITATION OF LIABILITY AS TO KOH GEN DO 

The Koh Gen Do website and the materials therein are provided on an “As is” Basis. 

Koh Gen Do makes no representations or warranties, express or implied, of any kind with respect to Koh Gen Do. Web site, their operations, contents, information, or materials. 

Koh Gen Do disclaims all warranties, express or implied, of any kind with respect to the Web site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that Koh Gen Do, its directors, officers, employees, or other representatives shall not be liable for damages arising from the operation, content, or use of the Koh Gen Do Web site or its products. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, without limitation, direct, indirect, compensatory, special, incidental, punitive, and consequential damages. 

TYPOGRAPHICAL ERRORS 

If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers.  Koh Gen Do shall have the right to refuse or cancel any orders for products listed at the incorrect price. Koh Gen Do shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Koh Gen Do shall immediately issue a credit to your credit card account in the amount of the charge. In all cases, Koh Gen Do will attempt to email you notice of such changes. 

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SITES, SERVICES, AND SOFTWARE ARE AT YOUR SOLE RISK. THE SITES, SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN ANY LISTING FOR A PRODUCT AND EXCEPT AS SET FORTH IN THE RETURNS POLICY IN EFFECT AT THE TIME AN ORDER FOR A PRODUCT IS PLACED, ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN ANY LISTING FOR A PRODUCT AND EXCEPT AS SET FORTH IN THE RETURNS POLICY IN EFFECT AT THE TIME AN ORDER FOR A PRODUCT IS PLACED, Koh Gen Do  EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITES, SERVICES, SOFTWARE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITHOUT LIMITATION TO THE FOREGOING, Koh Gen Do  EXPRESSLY DISCLAIMS ANY WARRANTIES THAT: (i) THE SITES, SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SITES, SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SITES, SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH THE SITES, SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF KOH GEN DO  SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH, YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

23. LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE Koh Gen Do  PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH THE Koh Gen Do  PARTIES MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR. IN ADDITION, THE LIABILITY OF THE KOH GEN DO  PARTIES TO YOU, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF $500 OR THE AMOUNT YOU HAVE PAID TO Koh Gen Do  IN THE 12 MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY.  SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.

24. EXCLUSION AND LIMITATIONS; CONSUMER PROTECTION NOTICE

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS SET FORTH UNDER “WARRANTY DISCLAIMERS” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU.

If you are a consumer, the terms of Sections 11, 13, 15, 17, and 19 do not limit or waive your rights as a consumer under the local state law of your State of residence. Furthermore, if you are a consumer, the provisions in this User Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. Without limitation to the foregoing, if you are a New Jersey consumer, the terms of Sections 11, 13, 15, 17, and 19 do not limit or waive your rights as a consumer under the New Jersey law. The provisions in this User Agreement are intended to be only as broad and inclusive as is permitted by New Jersey law. In any event, Koh Gen Do reserves all rights, defenses, and permissible limitations under the local state law of your State of residence.

25. ACCESS TO SERVICES; RESALE OF PRODUCTS

The Sites and Services are intended for use by consumers of skin care products, beauty products, and the other Products made available through the Sites. You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Koh Gen Do’s Sites, Services, or Software.

In addition, the Products available through the Sites are intended for sale to end users and are not for resale. To the extent that you obtain any Product(s) through the Sites, you shall indemnify and hold harmless the Koh Gen Do  Parties from and against any liability, loss, cost, claim demand, or other harm of any kind, including reasonable attorneys’ fees, incurred or suffered by the Koh Gen Do  Parties in connection with or as a result of any resale, offer to resell or further distribution of the Products by you or any person acting through you.

SEE SECTION 16 ABOVE FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 17.

26. REWARDS PROGRAM

Koh Gen Do may, from time to time, offer a rewards program in connection with the sale of Products through the Sites or the Services available through the Sites. The current reward program is described on the site; Koh Gen Do reserves the right to revise, modify, discontinue, suspend, cancel, or otherwise change or cease offering any reward program at any time, with or without prior notice. You agree that Koh Gen Do shall not be held liable for revisions, modifications, discontinuances, suspensions, cancellations, cessation, or changes to any reward program.

27. AUTO-REPLENISH PROGRAM AND GIFT CARDS

By ordering subscription products, you agree to the terms and conditions of Koh Gen Do’s Auto-Replenish program, along with the entirety of Koh Gen Do’s terms, conditions, limitations, and requirements. Agreeing to these terms allows us to charge your card for future orders at the frequency and quantity you selected. Koh Gen Do does not store credit card numbers or security codes. To charge recurring transactions, we store a reference to your past transactions with PayPal, allowing us to make your next purchase automatically. Because of this, no credit card numbers can be retrieved in the case of a security breach.

To edit saved payments, click the “Account Info” area on the left side of the page and select “Payments.” You can view, edit, add, or delete your saved payment methods here. At this time, PayPal cannot be used on subscription orders, and a credit or debit card is required.

Please note that while Koh Gen Do  Auto-Replenish is available to the entire U.S., including Hawaii and Alaska, orders containing regulated materials for domestic transport (Class ORM-D), such as aerosols, perfumes, certain drugs, and products with high alcohol content may only be shipped via ground transportation within the Continental U.S.

We reserve the right to change these terms and conditions at any time at Koh Gen Do’s sole discretion. Continued participation in the Koh Gen Do  Auto-Replenishment program is acceptance of any changes to these terms and conditions.

Any returns related to the Koh Gen Do  Auto-Replenishment program are subject to the Koh Gen Do Return Policy.   Auto-replenishment items will ship automatically until the subscription order or program is canceled. The actual cost of each order may vary depending on the prices and promotions then, in effect, quantity and frequency of shipment. After your first order, the total cost for each subscription order will be the cost of the item on the day we send you a confirmation email noting your subscription order plus sales tax, if applicable. Effective and valid discounts available when we confirm the price of your subscription order will be applied to your order. Subsequent Auto-Replenish orders do not qualify for Gift with Purchase offers.

If a subscription order cannot be processed due to an issue with an invalid shipping address, billing address, or expired payment information, you will be notified and given the opportunity to correct the problem. If the issue is not fixed within thirty days, your subscription will be canceled.

If any provision of these terms and conditions is determined to be invalid or unenforceable, it shall not affect the enforceability of any other provision within these terms. For customer service or to cancel, log in to your Koh Gen Do account and email customerservice@kohgendo.us.

28. KOH GEN DO GIFT CARDS

KOH GEN DO Gift Cards – Printed and Virtual Gift Cards – are sold subject to the following terms of use. By purchasing, accepting, or using Gift Cards, you agree to be bound by these terms. If you do not agree with these terms, do not purchase, use, or accept Gift Cards. 

All terms enforced except as prohibited by law:

29. KOH GEN DO MARKETING SMS MESSAGES

Mobile Terms & Conditions

Koh Gen Do Americas, LLC. (“Koh Gen Do ”) offers its customers mobile alerts regarding sales, promotional events, special offers, and cart reminders by SMS message (the "Service"). Koh Gen Do  Rewards program may allow customers to have the option to sign up during account creation to receive rewards point notifications and to receive program benefit updates and special offers by the Service. Participating in the Service allows you to agree to these Terms and the Koh Gen Do Privacy Policy.

Signing Up and Opting-In to the Service 

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You must be 18 years or older to enroll. Before the Service starts, you will need to agree to these Terms. Koh Gen Do reserves the right to stop offering the Service at any time with or without notice. 

By opting into the Service, you: 

Content You May Receive 

Once you affirm your choice to opt-in to the Service regarding our marketing program, your message frequency may vary. You may receive alerts about: 

Charges and Carriers

Message and data rates may apply. Please consult the service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers at this date are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Koh Gen Do may add or remove any wireless carrier from the Service at any time without notice. Koh Gen Do and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Koh Gen Do, text the word STOP  any time or reply STOP to any text messages you have received from Koh Gen Do. After texting STOP, you will receive one additional message confirming that your request has been processed. 

Questions 

You can text HELP for help at any time. This will provide you with a phone number to call for assistance. Contact us at Koh Gen Do, 2665 Williamson Place, STE 112  DuPont, WA 98327.

Changes to Terms:  These Mobile Terms and Conditions are subject to change at any time without notice.

30. KOH GEN DO TRANSACTIONAL SMS MESSAGES

Mobile Terms & Conditions

Koh Gen Do (“Koh Gen Do ”) offers its customers mobile alerts regarding sales, promotional events, special offers, and cart reminders by SMS message (the "Service"). Koh Gen Do  Rewards program may allow customers to have the option to sign up during account creation to receive rewards point notifications and to receive program benefit updates and special offers by the Service. By participating in the Service, you agree to these Terms and the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You must be 18 years or older to enroll. Before the Service starts, you will need to agree to these Terms. Koh Gen Do reserves the right to stop offering the Service at any time with or without notice. 

By opting into the Service, you: 

Content You May Receive

Once you affirm your choice to opt-in to the Service, your message frequency may vary. You may receive alerts about: 

Charges and Carriers 

Message and data rates may apply. Please consult the service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other costs incurred (usage, subscription, etc.) as a result of using the Service. 

To Stop the Service 

To stop receiving text messages from Koh Gen Do, text the word STOP any time or reply STOP to any text messages you have received from Koh Gen Do. After texting STOP, you will receive one additional message confirming that your request has been processed.

Supported carriers at this date are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Koh Gen Do may add or remove any wireless carrier from the Service at any time without notice. Koh Gen Do and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

Questions  

You can text HELP for help anytime, providing you with a phone number to call for assistance. Contact us at Koh Gen Do, 2665 Williamson Place, STE 112 DuPont, WA 98327. 

Changes to Terms:  These Mobile Terms and Conditions are subject to change at any time without notice.

31. CHOICE OF LAW AND FORUM

You and Koh Gen Do mutually agree that the relationship between the parties shall be governed by the laws of the State of FLORIDA without regard to its conflict of law provisions. IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE.

You and Koh Gen Do mutually agree that any and all claims, causes of action, and/or disputes arising out of or relating to the User Agreement or the relationship between you and Koh Gen Do shall be filed within the state courts having jurisdiction within Lee County, Florida, or the U.S. District Court for the District of Florida; provided, however, that if Koh Gen Do asserts a right to indemnification under the User Agreement with respect to any third party action filed and pending in the court of another jurisdiction, Koh Gen Do may assert such claim for indemnification in the court in which such third party action has been filed. You and Koh Gen Do agree to submit to the jurisdiction of the state courts having jurisdiction within Lee County, Florida, or the U.S. District Court for the District of Florida and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and venue in such courts.

32. GENERAL TERMS

This User Agreement constitutes the entire agreement between you and Koh Gen Do. It shall govern the use of the Sites, Services, and Software and the purchase of the Products, superseding any prior version of this User Agreement. No failure or delay in exercising or enforcing any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of this User Agreement remain in full force and effect. The parties agree that there are no third-party beneficiaries of this User Agreement.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

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.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth 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 the Company 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, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

33. NOTICE

Koh Gen Do may furnish you with notices relating to this User Agreement by any reasonable means currently known or which may be developed, including, but not limited to, email, regular mail, MMS or SMS, text messaging, or postings on the Sites. To the extent that Koh Gen Do uses any contact information you have provided through the registration of your user account or otherwise, you agree that transmittal in accordance with such contact information shall be deemed valid notice to you, and any failure by you to update such information shall not affect the validity of such notice given to you.  If you wish to contact Koh Gen Do, you may use the following contact information:

Koh Gen Do 
2665 Williamson Place, STE 112
DuPont, WA 98327
253-267-1769 
Email: Customerservice@kohgendo.us