Terms & Conditions Policy

Introduction

This website and/or mobile application (collectively “Site” or “Sites”) is provided by Kabod Unlimited Corp (DBA Rebecca O), a Florida corporation and/or its affiliates (“Rebecca O,” “we,” or “us”). Rebecca O includes, without limitation, businesses operated under the following brand names: Rebecca O, Rebecca O Fabrics, Rebecca O Studio. These Terms of Use (“Terms”) apply to all Sites where they are posted and/or referenced. By using this Site, you accept these Terms. Please read them carefully. By using this Site, you also certify that you are 18 years of age or above. Some services offered on this Site may be subject to additional terms and conditions, which can be found at the location where such services are offered.

Website owner, the offering, and binding of Terms

This website is owned and operated by Kabod Unlimited Corp. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors clothing, accessories, jewelry, footwear made or inspired by the designer Rebecca O including general fashion client consultations. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

Who can use our website and your account responsibilities


In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.  You are responsible for the confidentiality of your account (if any), your password (if any), as well as all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify us immediately. Your account may also be restricted or terminated for any reason, in our sole discretion. We may also change, restrict access to, suspend, or discontinue the Site, or any portion of the Site, at any time without notice.

Consent to electronic communications

When you visit the Site or send an email, text message, or other communication from your devices to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by e-mail, text, in-app push notices or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Site Content

We, our suppliers and/or Site visitors may post content on the Site including, without limitation, merchandise information, product descriptions, reviews, and comments (collectively, “Site Content”). Site Content is presented for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We do not warrant that Site Content is accurate, complete, reliable, current, timely or useful. We are not responsible for and cannot guarantee the performance of, goods and services provided by third party advertisers on our Site or others to whose sites we link. Product information contained on the Site may be different from information contained on the product materials due to manufacturing changes. If you find a product is not as described on the Site, your sole remedy is to contact us to coordinate a return of the unused item (excluding products that are not eligible for return) for a store credit.

Colors

We attempt to display the colors of the products shown on the Site as accurately as possible. However, we cannot guarantee that the color you see on the Site matches the product color, as the display color depends, in part, upon the monitor, screen or filters you use.

Key commercial Terms offered to customers


When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.  Pricing or other errors or omissions may occur on the Site from time to time. Rebecca O attempts to correct all pricing and other errors or omissions as soon as they are discovered, or as soon as we receive notice of an error. We reserve the right to cancel any promotions or offers containing pricing or redemption value errors or other errors, with no further obligations to you, even after your receipt of a confirmation from Rebecca O.  Additional information about pricing and sales tax is available on the payments page


The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method.

Third parties

References on the Site to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We are not responsible for the content of any third-party linked site or any link contained in any linked site. Your use of a third-party site linked from our Site is at your own risk and will be governed by such third party's terms and policies.

Reviews, comments, communications and other content

 

Site visitors may be permitted to post and submit reviews, comments, photos, videos, and other content to the Site, so long as the content is not, in Rebecca O’s sole discretion, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content you post on the Site or submit via the Site. If you post or submit content to us, and unless we explicitly state otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media, whether now known or unknown. You grant to us and our sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post or submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right, but not the obligation, to monitor or edit or remove any activity or content on the Site. We take no responsibility and assume no liability for any content posted or submitted by you or any third party.

 

Return and refund policy


For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 3 days of the date you receive the product, and we will exchange it or offer a store credit based upon the original payment method once the item has been received and inspected. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: any and all footwear or face masks.

Retention of right to change offering

 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Warranties & responsibility for services and products


Almost all products sold by Rebecca O do not provide a warranty.  On the occasion where a product is made where a warranty will be offered it will be clearly mentioned and detailed in the item description.  When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a store credit upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

 

Ownership of intellectual property, copyrights and logos


The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Kabod Unlimited Corp. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Right to suspend or cancel user account


We may permanently or temporarily terminate or suspend your access to our website or the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

Intellectual Property

 

All copyrights, trademarks, trade dress, other intellectual property and materials on the Site (collectively, the “Intellectual Property”) are owned, controlled or licensed by Rebecca O, one of our affiliates, or by third parties who have licensed their materials to us and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the Intellectual Property and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Intellectual Property; (2) do not modify or alter the Intellectual Property in any way; and (3) do not provide or make available the Intellectual Property to any third party in a commercial manner.

No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Intellectual Property. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Intellectual Property, the Sites, or any related software without the prior express written consent of Rebecca O. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rebecca O without its prior express written consent. You may not use any metatags or any other “hidden text” utilizing Rebecca O’s name or trademarks without the prior express written consent of Rebecca O. You may not misuse the Site. You may use the Site only as permitted by law and/or as set-forth in the Rebecca O policies governing such use. The licenses granted by Rebecca O shall automatically terminate if you do not comply with these Terms.

 

All software used on the Site is the property of Rebecca O or its suppliers and is protected by U.S. and international copyright laws. All rights not expressly granted to you in these Terms are reserved and retained by Rebecca O or our licensors, suppliers, publishers, rights-holders, or other content providers. Rebecca O names and logos, and all other graphics, logos, page headers, button icons, scripts and service names included in or made available through the Site are trademarks or trade dress of Rebecca O. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rebecca O. All other trademarks or marks not owned by Rebecca O that appear on the Sites are the property of their respective owners, who may or may not be affiliated with or connected to Rebecca O.

Indemnification


You agree to indemnify and hold harmless Rebecca O and all its its members, managers, employees, representatives, agents, affiliates, owners, directors and all of their respective successors harmless from any and all claims, proceedings, demands, losses, liabilities, costs, claims, damages, injuries to person or property, or expenses (including attorneys’ fees and litigation expenses), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services or products offered or sold on the website or to you directly by Rebecca O.

Copyright

 

If you believe any Site Content infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. § 512) by providing the following information:

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the Site;

  • Your address, telephone number and email address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:

 

Kabod Unlimited Corp
Copyright Agent
Compliance Department
2436 N. Federal Highway #187
Lighthouse Point, Florida 33064

COPYRIGHT COUNTER-NOTICE

If you believe that your content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:

  • Your physical or electronic signature;

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Broward County, Florida, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Rebecca O may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Rebecca O's sole discretion.

Disclaimer

THIS SITE IS PROVIDED BY REBECCA O ON AN “AS IS” AND “AS AVAILABLE” BASIS. REBECCA O MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REBECCA O DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, REBECCA O DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED, INCLUDED, REFERENCED OR ADVERTISED ON THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of liability


To the maximum extent permitted by applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise shall Rebecca O or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or any other person for any indirect, punitive, incidental, special, consequential losses or damages of any nature or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of, in connection with or relating to the use of, or inability to use, the products or services even if an authorized representative of Rebecca O has been advised of or should have known of the possibility of such damages.  Subject to the foregoing, in no event will Rebecca O be liable for any damages in excess of ($100.00) in connection with your use of the site.

To the maximum extent permitted by applicable law, Rebecca O assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our products or service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms


We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will post the material changes that have been made to the Terms in our policy. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional emails and content


You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages and e-mails). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Preference of law and dispute resolution


By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Rebecca O.  These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Broward County, Florida, USA without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Broward County, Florida USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Rebecca O in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or posts on the Site. These Terms, which shall be deemed accepted by you upon your use of the Site and constitute the entire agreement among you and Rebecca O regarding use of the Site.  Rebecca O’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect.

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