Website Terms of Use Agreement for Koala Insulation of Albuquerque and Santa Fe

KOALA INSULATION Web Site Terms and Conditions (“Terms”)

CARBON CEILING, LLC (“CARBON”) OWNS AND OPERATES THIS WEBSITE UNDER THE KOALA INSULATION BRAND AND TRADEMARKS WHICH IT OWNS IN FULL ALONG WITH ALL CONTENT, LOGOS, GRAPHICS, BRAND IDENTIFIERS AND OTHER CONTENT. CARBON DOES NOT PROVIDE ANY INSULATION SERVICES DIRECTLY AND ALL INSULATION SERVICES AND OTHER SERVICES OFFERED UNDER THE KOALA INSULATION BRAND ARE OFFERED BY INDEPENDANTLY OWNED AND OPERATED BUSINESSES (“FRANCHISES” OR “AFFILIATES”) WHICH OPERATE UNDER A LICENSE OR FRANCHISE AGREEMENT. ALL INFORMATION OBTAINED BY ANY AFFILIATE MAY BE PROVIDED TO CARBON AND BECOME PROPERTY OF SAME.

Please read the following Terms carefully before using KOALA INSULATION’S (“KOALA INSULATION”, “our” or “we”) web site, koalainsulation.com, including but not limited to the www.koalainsulation.com or any other associated or mirrored Web Site, as well as any online features, services and/or programs offered by KOALA INSULATION (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of KOALA INSULATION. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site.

We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).

Terms related to Online Account Access to your account(s) that you have with KOALA INSULATION (“Account”) is set forth in Paragraph 3 herein.

1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS.

By merely providing access to the Web Site, KOALA INSULATION does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) KOALA INSULATION has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. Your use of the Web Site and the services offered therein are subject to federal law, the law of the state where KOALA INSULATION maintains your Account (Florida), or, if KOALA INSULATION transfers your Account to another location, where KOALA INSULATION currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.

2. SITE USE AND CONTENT.

You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of KOALA INSULATION. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms.

3. DISCLAIMERS.

(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. KOALA INSULATION PROVIDES THE WEB SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND KOALA INSULATION MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. KOALA INSULATION DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT KOALA INSULATION SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold KOALA INSULATION and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by KOALA INSULATION, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

(c) NOT INVESTMENT ADVICE. KOALA INSULATION DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY KOALA INSULATION IDENTIFIED ON THE WEB SITE. Nevertheless, the Web Site may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies. KOALA INSULATION cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Web Site. Accordingly, there can be no assurance that such indicated results will be realized. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Web Site operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.

(d) NOT AN OFFER TO SELL A FRANCHISE. UNLESS YOU RECEIVE A LETTER FROM KOALA FRANCHISE, LLC OFFERING YOUR APPROVAL TO ENTER INTO THE KOALA INSULATION SYSTEM YOU HAVE NOT BEEN OFFERED THE OPPORTUNITY TO PURCHASE A FRANCHISE AND NOTHING ON THIS WEBSITE OR ANY OTHER COMMUNICATION PROVIDED TO YOU, INCLUDING WITHOUT LIMITATION THE FRANCHISE DISCLOSURE DOCUMENT (“FDD”) CONSTITUTES AN OFFER CAPABLE OF ACCEPTANCE. CERTAIN STATES MAY REQUIRE THE REGISTRATION OR EXEMPTION FROM REGISTRATION OF FRANCHISE OPPORTUNITITES. TO THE EXTEN THAT KOALA FRANCHISE HAS NOT SO REGISTERED, IT DOES NOT AND CANNOT OFFER YOU A FRANCHISE. INFORMATION ON THIS WEBSITE AND IN OTHER COMMUNICATIONS MAY NOT BE RELIED UPON – YOU MUST MAKE YOUR OWN DECISIONS BASED UPON YOUR OWN DUE DILIGENCE. TO THE EXTENT THAT YOU HAVE RECEIVED AN FDD, DO NOT RELY ON ANY INFORMATION NOT CONTAINED WITHIN THAT DOCUMENT.

5. PRIVACY. You agree to defend, indemnify and hold KOALA INSULATION and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by KOALA INSULATION, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold KOALA INSULATION and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by KOALA INSULATION, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

4. LIMITATION OF LIABILITY.

KOALA INSULATION’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE DELETION OF YOUR USER DATA WITH KOALA INSULATION. IN NO EVENT WILL KOALA INSULATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS KOALA INSULATION’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

5. PRIVACY.

You agree to defend, indemnify and hold KOALA INSULATION and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by KOALA INSULATION, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

6. THIRD PARTY CONTENT.

(a) KOALA INSULATION may provide hyperlinks to other web sites maintained by third parties, or KOALA INSULATION may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER KOALA INSULATION’S CONTROL AND KOALA INSULATION IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b) If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with KOALA INSULATION. In most cases, KOALA INSULATION is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site: (i) may link to, but not replicate, KOALA INSULATION’s Content; (ii) may not create a browser, border environment or frame KOALA INSULATION’s Content; (iii) may not imply that KOALA INSULATION is endorsing it or its products; (iv) may not misrepresent its relationship with KOALA INSULATION; (v) may not present false or misleading information about KOALA INSULATION’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

7. COPYRIGHT AND TRADEMARKS.

The trademarks, service marks and logos used and displayed on the Web Site are property of Carbon Ceiling, LLC (“Carbon”), or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Carbon Ceiling, LLC is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of KOALA INSULATION that may be referred to on the Web Site are the property of Carbon. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of KOALA INSULATION’s trademarks or service marks without Carbon’s prior written permission. Carbon Ceiling, LLC aggressively enforces its intellectual property rights. Neither the name of KOALA INSULATION nor any of KOALA INSULATION other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without Carbon’s prior written permission, except that a third party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 6(b) above may use the name “KOALA INSULATION” in or as part of that URL link. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact KOALA INSULATION at the address, email address or telephone number set forth at the bottom of these Terms.

8. LOCAL LAWS.

KOALA INSULATION makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. KOALA INSULATION is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where KOALA INSULATION maintains your Account, or, if KOALA INSULATION transfers your Account to another location, where KOALA INSULATION currently maintains your Account. The Web Site and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over KOALA INSULATION, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where KOALA INSULATION maintains your Account (Brevard County, Florida), or, if KOALA INSULATION transfers your Account to another location, where KOALA INSULATION currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

10. AVAILABILITY.

Information that KOALA INSULATION publishes in the Web Site may contain references or cross-references to products, programs or services of KOALA INSULATION that are not necessarily announced or available in your area. Such references do not mean that KOALA INSULATION will announce any of those products, programs or services in your area at any time in the future. You should contact KOALA INSULATION for information regarding the products, programs and services that may be available to you, if any.

11. NON-TRANSFERABILITY OF USER ACCOUNT.

User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by KOALA INSULATION unless acknowledge by KOALA INSULATION in writing. KOALA INSULATION has no obligation to provide you with written acknowledgment. KOALA INSULATION may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

12. TERMINATION OF SERVICE.

We may terminate your User Account or right to access secured portions of the Web Site at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Site, to KOALA INSULATION, to the business of the Web Site’s Internet service provider, or to other information providers.

13. CUSTOMER COMMENTS.

We welcome the submission of comments, information or feedback through the Web Site. By submitting information through the Web Site, you agree that the information submitted shall be subject to the KOALA INSULATION Web Site Privacy Policy located at www.koalainsulation.com/privacy.

14. MISCELLANEOUS.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and KOALA INSULATION’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the KOALA INSULATION Web Site Privacy Policy located at www.koalainsulation.com/privacy are the entire agreement between you and KOALA INSULATION with respect to your use of the Web Site and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and KOALA INSULATION regarding the Web Site and the Online Service.

Your Consent To This Agreement

By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site and/or the Online Service. Your use of the Web Site and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by sending your comments to:

WHAT ARE COOKIES? HOW DO WE USE COOKIES?

Cookies enable us to customize and personalize your experience on our Web Site, including the products and promotions that are offered to you. Essentially, a cookie is a small amount of data that is sent to your browser from a web server and is stored on your computer’s hard drive. We use cookies for several purposes in connection with the operation of our Web Site

• We may use cookies to identify you and access your information stored on our computers in order to deliver you a better and more personalized experience. For example, we may use cookies to tell you about products and services specific to your interests.
• Upon request, we will save your “user name” so that you do not have to re-enter it every time you visit our Web Site. In providing you with this service, we use cookies.
• We may use cookies to estimate our customer base and customer usage patterns. Each browser accessing our Web Site may use given a unique cookie that is then used to determine the extent of repeat visits and the customer activity during those visits. We may use the historical information to help target promotions based on customer interests and behavior, both specifically to individual customers and on an aggregate basis with respect to all customers.
• We also may use cookies to track your progress and number of entries in some promotions, sweepstakes and contests, or through a meeting registration process. For example, when a promotion uses cookies, the information coded to the cookie indicates your progress through the promotion, and may be used to track entries, submissions and status of prize drawings.

Business partners that offer co-branded services and jointly-sponsored sweepstakes, contests and promotions on our Web Site, may use their own cookies. We have no control over those cookies, nor does this Privacy Policy cover how your personal information contained in those cookies may be used or protected. If you have any questions about the cookies of such third parties, or about the use of your personal information by such third parties, you should contact the site administrator or web-master of the third party site.

DO YOU HAVE CHOICES ABOUT COOKIES?

Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our Web Site uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our Web Site and/or use our services or participate in our sweepstakes, contests or promotions.

WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?

It is important to remember that whenever you voluntarily disclose personal information on-line, your information can be collected and used by others. If you transmit or post personal information on-line that is accessible to others, you will not be able to control how that information is used by others. When we receive the transmitted information, we will use the procedures summarized in this Privacy Policy to ensure the integrity and security of that information in our systems. Unfortunately, notwithstanding any of the steps taken by us, it is not possible to guarantee the security and integrity of data transmitted over the Internet. Consequently, while we take the above-described reasonable steps to protect your personal information, we cannot and do not warrant the security or integrity of any information you transmit to us when registering for our Web Site or otherwise. All such transmission of information is at your own risk. Moreover, though we are committed to having our Web Site comply with this Privacy Policy, you are ultimately responsible for maintaining the secrecy of your password and your personally identifiable information. If you are careless with your password, or you decide to share your password with third parties, you must be aware of the risk that such third parties will have access to all your personally identifiable information.