Terms of Use

USE OF THE KODLIN USA WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS CAREFULLY.

Last Updated: March 30, 2021

This website is operated by Kodlin USA, Inc, distributor of Kodlin products in the United States, hereinafter referred to as “Kodlin USA.” Please read the following Terms of Use carefully before using the Kodlin USA website (the “Site”) and the merchandise available through the Site. By accessing or using this Site or purchasing any of the merchandise through the Site, you agree to all of the terms and conditions set forth below. You should review these Terms of Use regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use this Site. Your continued use of the Site means you accept and agree to be bound by the modified Terms of Use.

1. ACCESS TO THE WEBSITE

Kodlin USA grants you a limited license to access and make personal use of the Site and the Content (as defined below) for noncommercial purposes, subject to the provisions of these Terms of Use. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Use. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian, and we reserve the right to refuse service to any minor under the age of 18.

2. YOUR ACCOUNT

You may register with Kodlin USA in order to access certain pages within the Site, to interact with you, and to make future interactions easier to process. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Kodlin USA including those set forth in these Terms of Use, Kodlin USA reserves the right, in its sole discretion, to terminate your account, refuse service to you or cancel orders.

3. PURCHASES

If you wish to purchase any product available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your name, credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S). PAYPAL ACCOUNT OR OTHER PAYMENT METHOD(S) ACCEPTED IN CONNECTION WITH ANY TRANSACTION. This information will be stored and handled in accordance with our Privacy Policy, except that we do NOT store credit card information. Your entry into our SITE provides payment information directly to our third-party payment processor. By providing such information through the SITE, you grant to Kodlin USA the right to have this information stored by our third-party payment processor for purposes of facilitating the completion of Transactions.

International customers may be subject to VAT, custom taxes, or other cost in addition to the charges paid to Kodlin USA.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any merchandise on the Site does not imply or warrant that these items will be available at the time of your order. Kodlin USA reserves the right, with or without prior notice, to (i) limit the available quantity of or discontinue any item; (ii) refuse to sell any item or disallow a user from making or completing any or all Transaction(s). You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Kodlin USA or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us. If you provide us with an email address, we may utilize that email address for sending you email newsletters. You agree that we may send these email newsletters to you unless you opt out or unsubscribe from receiving them.

Kodlin USA does not ship orders to P.O. Boxes.

4. YOUR OBLIGATION REGARDING LEGAL USE OF PRODUCTS

None of the lighting products sold are approved or comply with federal or state DOT guidelines. All lighting products, and some other products so designated, are only for off-road use. Use in any other context may result in traffic citations. You are responsible to check federal, state and local regulations before installing them on your vehicle.

4. RETURNS AND EXCHANGES

Within the first thirty (30) days from purchase, Kodlin USA will provide a full refund for any merchandise purchased through the Site once the product has been shipped by you and received in our facility. Requests for refunds must be accompanied by a proof of purchase. Refunds apply to merchandise which is still in new condition and has not been installed, used or, in the case of clothing merchandise, worn. Returned merchandise for any other reason other than warranty claims must be in like new condition. All returns are subject to inspection for determination of full or partial credit. Any returned part that shows evidence of being used or installed contrary to manufacturer’s instructions, and/or subjected to improper handling, packaging or return shipping by the customer, will not be eligible for exchange, refund or warranty consideration. All returned electrical items will be inspected and tested. If electrical item is deemed functional, no credit will be issued and the item will be returned. All sales are final on discontinued or closeout merchandise.

If a claim is made that the merchandise which was purchased through our Site is damaged or defective, we will provide a replacement product or a full refund within thirty (30) days from the date you ship the product and it is received in our facility, so long as the damage or defect is caused by normal wear and not by misuse of the product. For any returns after thirty (30) days, we offer a credit towards other future merchandise purchases.

Should a shipment arrive in damaged cartons, sign only for the packages received and be sure to indicate that they arrived damaged. Keep the cartons and inspect the merchandise for damage or shortages. Notify us immediately if necessary.

5. LIMITED WARRANTY

Kodlin USA products must be properly installed, maintained and operated under normal conditions. We recommend that all installations are performed by a certified mechanic or dealership. Please study the installation instructions prior to starting the installation process.

All of Kodlin USA’s products, including electrical products, LEDs contained within any product, control modules, wiring, chrome and other components, are warranted for one (1) year from the date of purchase by the consumer.

Kodlin USA strives to display as accurately as possible the color of the products shown on the Site; however, Kodlin USA cannot and does not guarantee that your computer screen / monitor or phone’s display of any color will be accurate.

Kodlin USA products are often intended for use in specific applications. Kodlin USA makes no warranty if a Kodlin USA product is used in applications other than intended.

6. ERRORS AND INACCURACIES

Kodlin USA’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Kodlin USA makes reasonable efforts to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications or availability. Kodlin USA reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

7. RISK OF LOSS

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

8. OUR CONTENT AND USER-SUBMITTED CONTENT

All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music or software and other material (collectively “Content”) is owned or licensed property of Kodlin USA or its suppliers or licensors and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of Kodlin USA and protected by U.S. and international copyright laws. Kodlin USA and its licensors expressly reserve all intellectual property rights in all Content.

If you choose to submit any Content to the Site such as text, graphics, logos, images, audio clips, video, data, music, testimonials, user reviews, responses to questionnaires, Tweets, social media posts and other material (“User-Submitted Content”) you grant us a worldwide, irrevocable, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User-Submitted Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for us to provide, promote, and improve the Site and the merchandise on other media and services Such uses are allowed by you without compensation with respect to the User-Submitted Content that you submit, post, transmit or otherwise make available through the Site. If you do not wish to allow such use, you must not submit any User-Submitted Content to the Site. We may modify or adapt your User-Submitted Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User-Submitted Content as are necessary to conform and adapt that User-Submitted Content to any requirements or limitations of any networks, devices, services or media.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User-Submitted Content that you submit. You hereby agree to indemnify, defend and otherwise hold Kodlin USA harmless from any and all demands, claims and actions by third parties (individually and collectively, “Claims”), and all liabilities, judgments, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) incurred by such third parties in connection therewith (individually and collectively, “Liabilities”), resulting from any Claim that your User-Submitted Content infringes on the intellectual property or other proprietary rights of any third party, including any right of privacy.

9. PROHIBITED USES OF THE SITE

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms of Use. As a condition of your use of this Site, you warrant to Kodlin USA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of any third party, you may not:

  • misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
  • conduct fraudulent activities on the Site;
  • make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
  • download, copy or transmit any Content for the benefit of any other merchant;
  • frame, mirror or use framing techniques on any part of the Site without Kodlin USA’ express prior written consent;
  • use any meta tags or any other hidden text utilizing Kodlin USA’ name or marks;
  • violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Kodlin USA Site) or to the Site (impersonating another user);
  • tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
  • use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
  • harvest or collect personally identifiable information about other users of the Site;
  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of or access to the Site;
  • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
  • remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

10. OTHER INFORMATION YOU PROVIDE TO US

We do not want to receive confidential or proprietary information from you through our site. You should only transmit information necessary for you to purchase the items you wish to purchase, and to make contact with us. If you transmit to or post on our Site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary. For more information on how we handle Personally Identifiable Information (“PII”) you provide to us, please see our Privacy Policy.

11. INDEMNIFICATION

As a condition of the use of the Site, you agree to defend, indemnify and hold harmless Kodlin USA and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms of Use, or any Content submitted by you.

12. We Provide Our site “As Is,” Disclaim All Warranties and Limit Our Liability

Kodlin USA cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks) or otherwise meet your requirements.

THE SITE AND ALL CONTENT ARE PROVIDED BY KODLIN USA ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. KODLIN USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM Kodlin USA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY WRITTEN WARRANTY CONTAINED ON YOUR PRODUCT OR PRODUCT PACKAGING WHICH HAS BEEN PROVIDED BY KODLIN USA, KODLIN USA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO ITS PRODUCTS, THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

Under no circumstances, including but not limited to negligence, shall Kodlin USA be liable for any direct or indirect, special, incidental or consequential damages. This includes damages caused by OR RELATED TO (A) ANY delay; (B) ITEMS THAT ARE OUT OF STOCK; OR (C) claims for loss or damage to property, loss of use, loss of data or loss of profit arising out of the use OF THE SITE OR ANY OF OUR PRODUCTS. IN NO EVENT WILL we OR ANY OF OUR DIRECTORS, OFFICERS, AFFILIATES, AGENTS, OR EMPLOYEES (“released parties”) BE HELD LIABLE FOR ANY NEGLIGENT, TORTUOUS OR ILLEGAL CONDUCT.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. WITH RESPECT TO DIRECT DAMAGES RELATED TO THESE TERMS OF USE, THE LIABILITY FOR SUCH DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE.

IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND KODLIN USA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KODLIN USA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

13. NO RIGHTS GRANTED TO OUR TRADEMARKS

The trademarks, service marks and logos of Kodlin USA which are used and displayed on our Site, including all marks related to the Kodlin brand, are our registered and unregistered trademarks. Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of these trademarks without our written permission. We aggressively enforce our intellectual property rights. The name of Kodlin USA, Kodlin in all of its stylized formats, our logo or any of the trademarks or service marks may not be used in any way, including in advertising or publicity without prior written permission. You are not authorized to use our logo as a hyperlink to our Site unless you obtain our written permission in advance.

In product descriptions, we may also make reference to brand names, product names, product models and company names which are not owned by Kodlin USA. These marks are only used to describe the compatibility of our products with the referenced products of other third parties. We make no claim to these marks, do not imply any affiliation with such brands or products, and are only using these marks to describe how our products may be used with these third-party products.

14. Handling of Copyright Claims

We will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if we are properly notified that the Content infringes the copyright of any other person or entity in accordance with the procedures set forth in this section. If you were the one who posted the Content, you will be notified and we shall take the other steps set forth in these Terms of Use, which can include termination of your account and/or a demand that you indemnify us for any claims that may arise from your infringing post. Any party who believes that their copyrighted materials have been improperly posted or used on the Site in a manner which they believe constitutes copyright infringement should provide us with notification containing all of the following information:

  • Identify in sufficient detail the copyrighted work(s) (“Work”) that you believe has been infringed upon (i.e., describe the work that you own).
  • Provide us with information reasonably sufficient to locate the Work, or describe where you saw it posted.
  • Provide a reasonably sufficient method of contacting you. A phone number and email address would be preferred.
  • Provide information that you have, if any, sufficient for us to notify the user(s) who posted the Content that allegedly contains the infringing Work. You may also provide screenshots or other materials that are helpful to identify the Work in question. This information is optional, but does help us to resolve issues addressed by your notification.
  • Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” You must also sign the notification.

This notification must be mailed to our designated Copyright Agent at Kodlin USA:

Kodlin USA, Inc.
Attn: Copyright Agent
16315 Monterey Rd., Suite 100
Morgan Hill, CA 95037
Call: (408) 228-4508 (M-F 9-5 PST)
Email:
[email protected]

15. NOTICES

Except as explicitly stated otherwise, any notices you send to Kodlin USA shall be sent by mail to Kodlin USA at the following address 16315 Monterey Rd., Suite 100, Morgan Hill, CA 95037. In the case of notices Kodlin USA sends to you, you consent to receive notices and other communications by Kodlin USA sending you an email at the email address listed in your profile in your account or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that Kodlin USA provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, 3 days after the date of mailing. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. PREVENTING ACCESS BY MINORS

Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.

17. SPECIAL TERMS FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to [email protected] You may also contact us by writing to Kodlin USA, 16315 Monterey Rd., Suite 100, Morgan Hill, CA 95037. Residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

18. APPLICABLE LAW AND JURISDICTION OF DISPUTES – SANTA CLARA, CALIFORNIA

The Site is controlled and operated by Kodlin USA, Inc., distributing the Kodlin brand of products and doing business as Kodlin USA from the United States, and is not intended to subject Kodlin USA to the laws or jurisdiction of any state, country or territory other than that of the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CALIFORNIA’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL BE THE STATE OR FEDERAL COURTS IN THE COUNTY OF SANTA CLARA, CALIFORNIA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND, EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

19. GENERAL PROVISIONS

These Terms of Use, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Kodlin USA with respect to the Site and supersede all prior or contemporaneous communications, agreements and proposals with respect to the Site. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

If you have any concerns about Kodlin USA or your use of the Site, please Contact Us with a detailed description, and we will try to resolve it.