Terms and Conditions

Our Policy Regarding the Terms and Conditions for using this site.

This web site (“KOZ’S FUN FISH”) which is operated by KOZ’S FUN FISH is comprised of various web pages which are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of KOZ’S FUN FISH web site constitutes your agreement to all such terms, conditions, and notices. Additionally, KOZ’S FUN FISH web site may contain additional terms that govern particularfeatures or offers (for example, giveaways or promotions). In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any particular KOZ’S FUN FISH promotion, then these terms shall control.

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by KOZ’S FUN FISH without notice at any time for any reason. The provisions relating to Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

PLEASE READ THE FOLLOWING TERMS and CONDITIONS AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this “site”). By accessing or using this site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this site.

Modification of these Terms and Conditions

KOZ’S FUN FISH reserves the right to change the terms, conditions, and notices under which KOZ’S FUN FISH web site is offered, including but not limited to the charges associated with the use of KOZ’S FUN FISH web site. You are responsible for regularly reviewing these terms and conditions.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, KOZ’S FUN FISH web site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from KOZ’S FUN FISH web site.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the site solely for your own noncommercial use, or to place an order with KOZ’S FUN FISH or to purchase KOZ’S FUN FISH products. Any other use of materials on this site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this site, without prior written permission of KOZ’S FUN FISH is strictly prohibited.

Harassment in any manner or form, via e-mail, which includes obscene or abusive language, is strictly forbidden. Impersonation of others, including a KOZ’S FUN FISH employee, host, or representative or other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through or about the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Copyrights and Trademarks

The entire content included in this site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of KOZ’S FUN FISH. The collective work includes works that are licensed to KOZ’S FUN FISH. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to KOZ’S FUN FISH, or other respective owners that have granted KOZ’S FUN FISH the right and license to use such Marks.

Typographical Errors

In the event a KOZ’S FUN FISH product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, KOZ’S FUN FISH shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. KOZ’S FUN FISH shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, KOZ’S FUN FISH shall issue a credit to your credit card account in the amount of the incorrect price.

Third-Party Links

In an attempt to provide increased value to our visitors, this site may contain links to other sites on the internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with KOZ’S FUN FISH, KOZ’S FUN FISH has no control over these linked sites, all of which have separate privacy and data collection practices, independent of KOZ’S FUN FISH. KOZ’S FUN FISH has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that KOZ’S FUN FISH sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, KOZ’S FUN FISH seeks to protect the integrity of its site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Disclaimer

KOZ’S FUN FISH makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any External Sites.

KOZ’S FUN FISH does not filter advertisements or other content that children may view through our linked External Sites, and they could receive content and materials from the internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using internet filtering software.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KOZ’S FUN FISH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. KOZ’S FUN FISH DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KOZ’S FUN FISH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL KOZ’S FUN FISH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF KOZ’S FUN FISH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless KOZ’S FUN FISH, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your internet account (including negligent or wrongful conduct), by you or any other person accessing the site using your internet account.

Applicable Laws

Your use of this site shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of KOZ’S FUN FISH products) shall be in the state or federal courts located in Oakland County, Michigan. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of KOZ’S FUN FISH products) must be commenced within one (1) year after the claim or cause of action arises. KOZ’S FUN FISH’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. KOZ’S FUN FISH may assign its rights and duties under this Agreement to any party at any time without notice to you.
KOZ’S FUN FISH makes no representation that materials in the site are appropriate or available for use in other locations and those who choose to access this site from locations outside Michigan do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Michigan.

Arbitration

By using this site, you agree that KOZ’S FUN FISH, at its sole discretion, may require you to submit any disputes arising from the use of this site, or these terms and conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

General

KOZ’S FUN FISH may revise these terms and conditions at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.

March 28th, 2011