Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to Komplete, LLC.’s (“Whalebird Kombucha,” “we,” or “us”) Whalebird Kombucha website, whalebirdkombucha.com and whalebirdkombucha.myshopify.com (the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time.

Age Restriction

The Site is intended solely for and only available to individuals who are at least thirteen (13) years of age. Use of this Site by anyone under the age of 13 is prohibited.

Intellectual Property

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, registered or unregistered trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Whalebird Kombucha. You may download or copy the Contents for your personal, non-commercial use only. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Komplete, LLC.

Privacy

Our Privacy Policy describes the collection and use of information on the Site.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Whalebird Kombucha does not accept returns or refunds on perishable products. If an item purchased on the Site is damaged or defective, please contact us and we will do our best to resolve any issues.

Product and Price Information

All prices and products advertised are subject to change. All prices displayed on the Website are quoted in U.S. Dollars ($). Shipping costs are applied per order and depend on where your order is shipped and by what method. The images of the products on our Website are for illustrative purposes only.

Shipping and Delivery

Shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed. We can only fulfill domestic orders to home and office addresses and do not ship to P.O. Boxes.

Indemnification

You agree to defend, indemnify and hold harmless Komplete, LLC., its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.

Choice of Law

These Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts in the County of San Luis Obispo, California.

Links to Other Websites

This Site may contain links to outside services and resources. Whalebird Kombucha is not responsible for the contents of any linked site. The inclusion of any link does not imply endorsement by Whalebird Kombucha of the site.

Disclaimer

THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WHALEBIRD KOMBUCHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL WHALEBIRD KOMBUCHA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IF WHALEBIRD KOMBUCHA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS CONNECTED WITH YOUR USE OF THE SITE, WHALEBIRD KOMBUCHA’S LIABILITY SHALL NOT EXCEED U.S. $50.00.

This is an archived copy preserving the substance of the original Terms of Use. The full legal text, including the complete User Generated Content, copyright complaint, termination, and miscellaneous provisions, was published on the live site at whalebirdkombucha.com/terms-of-use.