Welcome to the website of KOL TRANSPORT LLC (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website located at www.koltran.shop and any related services, content, or communications provided by us.
By accessing or using our website, or by engaging us for professional services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use our website or services.
These Terms constitute a legally binding agreement between you and KOL TRANSPORT LLC. We encourage you to read them carefully and to contact us if you have any questions.
For the purposes of these Terms, the following definitions apply:
You may use our website for lawful purposes only and in accordance with these Terms. You agree not to use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use of the website.
You further agree not to attempt to gain unauthorized access to any portion of the website, any systems or networks connected to the website, or any of our services, through hacking, password mining, or any other means. You may not use any automated means, such as bots, scrapers, or data mining tools, to access or collect information from the website without our prior written consent.
We reserve the right to modify, suspend, or discontinue any part of the website at any time without notice, and we will not be liable to you or any third party for any such modification, suspension, or discontinuation.
Our professional services are provided pursuant to separate written agreements, statements of work, or proposals that describe the specific scope, deliverables, timelines, and fees applicable to each engagement. In the event of any conflict between these Terms and a signed service agreement, the signed service agreement shall control with respect to the specific engagement.
Nothing on this website constitutes an offer to provide services, and all engagements are subject to acceptance by KOL TRANSPORT LLC. We reserve the right to decline any engagement at our sole discretion, provided that we do so in accordance with applicable law and professional standards.
Clients are responsible for providing accurate and complete information necessary for the performance of services, including access to systems, documentation, and key personnel, and for making timely decisions required to keep engagements on schedule.
All content on our website, including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of KOL TRANSPORT LLC or its content suppliers and is protected by applicable intellectual property laws, including copyright and trademark laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any portion of the website content without our prior written permission. You may download or print copies of content for your personal, non-commercial use only, provided that you retain all copyright and other proprietary notices contained therein.
Unless otherwise agreed in writing, all work products, designs, deliverables, and materials created by KOL TRANSPORT LLC in the course of providing services shall be owned by KOL TRANSPORT LLC, and the Client shall receive a license to use such deliverables for its internal business purposes upon full payment of applicable fees. Ownership of pre-existing Client materials remains with the Client.
Fees for professional services are set forth in the applicable proposal, statement of work, or service agreement. Unless otherwise stated, all fees are quoted in United States Dollars and are exclusive of any applicable taxes, which shall be the responsibility of the Client.
Invoices are due within the payment terms specified in the applicable agreement. We reserve the right to suspend performance of services in the event of non-payment, after providing reasonable notice to the Client. Late payments may be subject to interest at the maximum rate permitted by applicable law.
Any expenses incurred in connection with the performance of services, such as travel or third-party software licenses, will be billed to the Client at cost unless otherwise agreed in writing. Disputes regarding invoices must be raised in writing within thirty (30) days of the invoice date.
Each party may have access to Confidential Information of the other party in the course of a business relationship. Both parties agree to hold such Confidential Information in strict confidence, to use it solely for the purposes of the business relationship, and to disclose it only to those employees and advisors who need to know it and who are bound by confidentiality obligations.
Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, that was rightfully known to the receiving party prior to disclosure, that is independently developed by the receiving party, or that is required to be disclosed by law or court order.
These confidentiality obligations shall survive the termination of any engagement and shall remain in effect for a period of five (5) years following the last disclosure of Confidential Information.
KOL TRANSPORT LLC warrants that services will be performed in a professional and workmanlike manner, in accordance with industry standards and the specifications set forth in the applicable agreement. Our sole liability and the Client’s exclusive remedy for breach of this warranty shall be, at our option, the re-performance of the non-conforming services or a refund of the fees paid for those services.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE WEBSITE AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components, or that the results obtained from the use of the website or services will be accurate or reliable.
To the maximum extent permitted by applicable law, KOL TRANSPORT LLC, its officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or cost of substitute services, arising out of or in connection with the use of the website or the performance of services, whether based on contract, tort (including negligence), strict liability, or otherwise.
Our total aggregate liability arising out of or in connection with the website or any engagement shall not exceed the total fees paid or payable by the Client to KOL TRANSPORT LLC during the twelve (12) months preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless KOL TRANSPORT LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the website; (b) your breach of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) information or materials you provide to us.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
These Terms remain in effect while you use the website or receive services from us. We may terminate or suspend your access to the website, in whole or in part, at any time and for any reason, with or without notice, including if we believe you have violated these Terms.
Engagements for professional services may be terminated by either party in accordance with the termination provisions of the applicable service agreement. Upon termination, the Client shall pay for all services performed and expenses incurred through the effective date of termination, and each party shall return or destroy the other party’s Confidential Information upon request.
Sections of these Terms that by their nature should survive termination, including but not limited to sections concerning intellectual property, confidentiality, warranties, limitation of liability, indemnification, and governing law, shall survive any termination of these Terms.
These Terms and any disputes arising out of or relating to them, or to your use of the website or our services, shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law principles.
Any legal suit, action, or proceeding arising out of or relating to these Terms or the services shall be instituted exclusively in the state or federal courts located in Cuyahoga County, Ohio, and each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection based on improper venue or inconvenient forum.
Before initiating any formal dispute resolution proceeding, the parties agree to attempt in good faith to resolve the dispute through negotiation for a period of thirty (30) days. This section does not prevent either party from seeking injunctive or other equitable relief where appropriate.
When using our website or communicating with us, you agree not to:
We reserve the right to remove any content that violates these Terms and to take appropriate action against users who engage in prohibited conduct.
Our website may contain links to third-party websites, services, or resources that are not owned or controlled by KOL TRANSPORT LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.
Your use of any third-party website is subject to the terms and conditions and privacy policies of that website. We recommend that you review such terms before using any third-party services. The presence of a link does not imply endorsement by KOL TRANSPORT LLC of the linked site or its content.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms or any engagement where such failure or delay results from any cause beyond that party’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemics or epidemics, power failures, telecommunications or internet outages, and failures of third-party service providers.
The affected party shall notify the other party as soon as reasonably practicable of the occurrence of any force majeure event and shall use reasonable efforts to mitigate its effects. Obligations affected by a force majeure event shall be suspended for the duration of the event, and timelines shall be extended accordingly.
These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between you and KOL TRANSPORT LLC regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom it is sought to be enforced.
If you have any questions, comments, or concerns regarding these Terms of Service, please contact us at:
KOL TRANSPORT LLC
9505 N Church Dr Apt 110
Cleveland, 44130
United States
Email: support@koltran.shop
Phone: +1 (814) 707-1217
We will respond to your inquiry as soon as reasonably practicable.