TERMS AND CONDITIONS OF USE

The Kobi The Warrior Website (www.KobiTheWarrior.com) (the "Site") is the property of Aiya Saigua LLC ("We" or "Us") and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms.

Electronic Communications

Visiting the Site or sending emails to Us through any of Aiya Saigua's domains constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that We provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Aiya Saigua is interested to hear from you. However, in your communications with Us, please keep in mind that, unless We specifically requests them, We do not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send Us any unsolicited materials, such as ideas for toys, games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information, materials or user-generated content. However, should you send Aiya Saigua any of the foregoing, any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to Us via this Site or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Site (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Aiya Saigya will not assume any responsibility, obligation, or liability for them nor for receipt or non-receipt of them. Aiya Saigua's receipt of Your Submissions is not an admission by Us of their novelty, priority, or originality, and it does not impair Aiya Saigya's right to contest existing or future intellectual property rights relating to Your Submissions.

You hereby grant Aiya Saigua a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Us in these Terms of Use, do not and will not infringe or otherwise violate any right of any third party.

Links to Third Party Sites and Third Party Services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Aiya Saigua and We are not responsible for the contents of any Linked Site, including and without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Aiya Saigua is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Aiya Saigua of the site or any association with its operators.

Certain services made available through the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Aiya Saigua domain, you hereby acknowledge and consent that Aiya Saigua may share such information and data with any third party with whom Aiya Saigua has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.

No Unlawful or Prohibited Use and Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Aiya Saigua that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, digital products, as well as the compilation thereof, and any software used on the Site, is the property of Aiya Saigua or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Aiya Saigua content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Aiya Saigua and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of Aiya Saigua or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Aiya Saigua from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Aiya Saigua Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Aiya Saigua, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Aiya Saigua reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Aiya Saigua in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AIYA SAIGUA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

AIYA SAIGUA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND IMAGES CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND IMAGES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AIYA SAIGUA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND IMAGES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIYA SAIGUA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AIYA SAIGUA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination and Access Restriction

Aiya Saigua reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and the laws of the United States and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aiya Saigua as a result of this agreement or use of the Site. Aiya Saigua's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Aiya Saigua's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Aiya Saigua with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Aiya Saigua with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Aiya Saigua with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Privacy and Security Measures

Aiya Saigua does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Aiya Saigua collects certain information in order to operate the Site and to fulfill your requests or enable participation in certain online activities. However, Aiya Saigua respects your privacy, and understands the importance of protecting the privacy of children who might visit our Site. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control.  Please review Aiya Saigua’s Privacy Policy.

Changes to Terms

Aiya Saigua reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Aiya Saigua encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Aiya Saigua welcomes your questions or comments regarding the Terms.

Aiya Saigua LLC, 115 W Pitkin Ave, Pueblo, CO 81004 | Phone: 617.388.0634 | ContactUs@AiyaSaigua.com

Effective as of January 18, 2017