Terms of service

Kahuna Grip Terms of Service

The Kahuna Grip website located at kahunagrip.com is a copyrighted work belonging to What a Grip, LLC. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms..

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site. BY USING AND LOGGING INTO THE SITE, YOU ARE COMPLIANT WITH THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.

Access to the Site

Subject to these Terms. Kahuna Grip, Inc. grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (A) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (B) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (C) you shall not access the Site in order to build a similar or competitive website; and (D) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Kahuna Grip, Inc. reserves the right to change, suspend, or cease the Site with or without notice to you. You agree that Kahuna Grip, Inc. will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that Kahuna Grip, Inc. will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Kahuna Grip, Inc. or Kahuna Grip, Inc.’s suppliers. These Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Kahuna Grip, Inc. and its suppliers reserve all rights not granted in these Terms.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site may contain links to third-party websites and services and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of Kahuna Grip, Inc., and Kahuna Grip, Inc. is not responsible for any Third-Party Links & Ads. Kahuna Grip, Inc. provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion when doing so. When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for it, whether provided by you or by others. You agree that Kahuna Grip, Inc. will not be responsible for any loss or damage incurred as a result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge Kahuna Grip, Inc. and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, arising directly or indirectly from the Site. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Cookies and Web Beacons. Like any other website, Kahuna Grip uses cookies to store information including visitor preferences and the pages accessed. The information is used to optimize user experience by customizing web page content based on browser type and other information.

Disclaimers

The site is provided on an "as-is" and "as available" basis, and Kahuna Grip and our suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, be available on an uninterrupted basis, or be accurate, reliable, virus-free, complete, legal, or safe. If applicable law requires any warranties, they are limited to ninety (90) days from first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply. Some do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Kahuna Grip or our suppliers be liable to you or any third-party for any lost profits, lost data, procurement costs, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these Terms or your use of the Site, even if Kahuna Grip has been advised of the possibility of such damages.

To the maximum extent permitted by law, our liability to you for any damages will at all times be limited to a maximum of fifty U.S. dollars (U.S. $50). The existence of more than one claim will not enlarge this limit.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply.

Term and Termination. Subject to this Section, these Terms remain in full force while you use the Site. We may suspend or terminate your rights at any time for any reason. Upon termination, your account and access will immediately cease. Kahuna Grip, Inc. will not be liable for account termination. Sections 2–2.5, 3, and 4–10 will survive termination.

Copyright Policy

Kahuna Grip, Inc. respects the intellectual property of others. If you believe that one of our users is infringing your copyrighted work, please submit a DMCA-compliant notice to our Copyright Agent including:

Your physical or electronic signature;
Identification of the copyrighted work(s);
Identification of infringing material and location;
Information sufficient to allow us to locate the material;
Your contact information;
A statement of good faith belief;
A statement of accuracy under penalty of perjury.

Misrepresentation may expose you to damages under 17 U.S.C. § 512(f).

General

These Terms may be updated periodically. Notice may be provided by email or through the Site. Continued use of the Site indicates acceptance of these changes.

Dispute Resolution. This Arbitration Agreement is part of your contract with Kahuna Grip and includes mandatory arbitration and a class action waiver.

Applicability of Arbitration Agreement. All claims not resolved informally or in small claims court shall be resolved by binding arbitration. This applies to you and Kahuna Grip, its affiliates, employees, and agents.

Notice Requirement and Informal Resolution. Before arbitration, written notice must be mailed to: What a Grip, LLC., 24002 Via Fabricante, #405, Mission Viejo, CA 92691.

Arbitration Rules. Arbitration is conducted via AAA unless unavailable. Rules and procedures follow AAA Consumer Arbitration Rules.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or Kahuna Grip pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and Kahuna Grip and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the VersaTraction, Inc..

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the VersaTraction, Inc. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Kahuna Grip WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with VersaTraction, Inc..

Small Claims Court. Nonetheless the foregoing, either you or the VersaTraction, Inc. may bring an individual action in small claims court.

Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Orange County, California, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from VersaTraction, Inc., or any products utilizing such data, in violation of the United States export laws or regulations.

Electronic Communications. The communications between you and Kahuna Grip use electronic means, whether you use the Site or send us emails, or whether Kahuna Grip posts notices on the Site or communicates with you via email. For contractual purposes, you (A) consent to receive communications from Kahuna Grip in an electronic form; and (B) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kahuna Grip provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Kahuna Grip is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Kahuna Grip's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Kahuna Grip may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved. All What a Grip, LLC & Kahuna Grip and other trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address: What a Grip, LLC.
24002 Via Fabricante, #405
Mission Viejo, CA 92691

Email: support@kahunagrip.com