SUBSCRIPTION

KOATJI offers to purchase our barista product one off, or on a subscription basis. First, make sure that we can ship to your location. If you sign up to the subscription service, you can choose to receive the product once a week, biweekly or once a month. We offer a 15% discount on sign up for 1 order (6 units). Should you want to order more than 1 order, we offer a 25% discount.

WHAT PAYMENT METHODS DO YOU ACCEPT

Setting up our subscription, we accept all major credit cards. For one time purchase, we also accept electronic payments like Apple Pay, Google Pay.

IS THERE A SHIPPING MINIMUM

Our KOATJI milk comes in 6-packs, so the minimum order is 6 units of our 32 oz milk cartons. You can choose shipping of 6, 12 or more.

SHIPPING POLICY

KOATJI offers shipping rates of $7.5 for all domestic orders. If you choose 12 units or more, shipping is free of charge. Please allow 2 days for your order to process. Please use our zip code lookup in the shop to find out if we can ship to your location. Also, you may want to use the store locator to find our locations.

SHIPPING CARRIER DELAYS

Please be aware that we depend on the tracking information provided to our customers once a package departs from our facility. If you encounter any concerns about your delivery while the tracking indicates that your package is in transit, kindly reach out to the shipping carrier for more information.

In the unfortunate circumstance where your tracking information indicates that your order has been delivered, but you have not received it, please contact order@koatji.com for further assistance. It's important to note that we are not obligated to replace missing products, as the resolution will be determined at the discretion of our customer support team based on each individual case.

HOW OFTEN DO YOU SHIP

We ship every Friday. If you place your order by Wednesday at 12am, you will receive your order Friday.

WHERE DO YOU SHIP TO

We cover most zip codes from Los Angeles, Ventura and Santa Barbara County. Check our zip code lookup at the shop to confirm if we cover your location.

WHAT IF I AM UNHAPPY WITH MY PRODUCT

We thank you for your order & hope you’re happy with it! If you are not satisfied for any reason, we will be happy to accept a return.

PRIVACY POLICY

This Privacy Policy (“Policy”) notifies you about KOATJI’s privacy practices, including how we collect, use and disclose information about you when you access or use our website at koatji.com (“Services”), or when you otherwise interact with us, such as through our customer support channels or on social media pages.

Certain states, including California and Virginia, require additional information regarding our privacy practices and your privacy rights. Depending on whether you are a resident of those states (“Consumer”), we provide you additional notices about our privacy practices and consumer rights relating to your personal information or personal data, as defined under those laws. If you are a California or Virginia resident, please see the California and other State Privacy Information section. If you are a California employee or job applicant, please see the California Employee and Applicant Privacy Policy, and if you are a California business contact, please see the California Business Contacts Privacy Policy.

We may change this Policy from time to time. If we make material changes, we will notify you by revising the date at the top of this Policy and, in some cases, we may provide you with additional notice (such as adding a statement to the Services or sending you a notification). We encourage you to review the Policy often to stay informed about our information practices and the choices available to you.

COLLECTION OF INFORMATION

INFORMATION YOU PROVIDE TO US

We collect information you provide directly to us. For example, we collect information directly from you when you sign up for emails on our Services, sign up to participate in our Feedback Panel and search for nearby products. The types of information about you that we collect include your email address, first and last name, age, mailing address, city, state, zip code, and favorite KOATJI product categories. You may optionally provide your gender, marital status, number of children, and ethnicity as part of our Feedback Panel.

INFORMATION WE COLLECT AUTOMATICALLY

We automatically collect certain information about your interactions with us or our Services, including:

Device and Usage Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Services, such as access times, pages viewed, links clicked, and the page you visited before navigating to our Services.

Information Collected by Cookies and Similar Tracking Technologies: We (and those who perform work for us) use tracking technologies, such as cookies and web beacons, to collect information about your interactions with the Services. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see the Your Choices section below.

INFORMATION WE COLLECT FROM OTHER SOURCES

We may obtain information from other sources. For example, we may collect information about you when you interact with us through our Social Media pages.

INFORMATION WE DERIVE

We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your approximate location based on your IP address.

USE OF INFORMATION

We use the information we collect to provide, maintain, and improve the Services, and keep you informed about new products and recipes. We also use the information we collect to:

Send you coupons, new products, formulations, or marketing initiatives if you participate in our Feedback Panel.

Develop or improve products and services, including to debug and repair errors in our Services;

Personalize your experience with us;

Send you technical notices, security alerts, support messages and other transactional or relationship messages;

Communicate with you about products, services, recipes, and events offered by KOATJI and others and provide news and information that we think will interest you (see the Your Choices section below for information about how to opt out of these communications at any time);

Monitor and analyze trends, usage, and activities in connection with our products and services;

Personalize the advertisements you see on third-party platforms and websites (for more information, see the Targeted Advertising and Analytics section below);

Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;

Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of KOATJI and others;

Comply with our legal and financial obligations;Create de-identified, anonymized, or aggregated information; and

Carry out any other purpose described to you at the time the information was collected.

DISCLOSURES OF INFORMATION

We may disclose personal information in the following circumstances or as otherwise described in this policy:

With vendors that access personal information to perform work for us, such as companies that assist us with web hosting, fraud prevention, customer service, and marketing and advertising.

If you choose to use integrations we offer on our Services, such as disclosing your location through our product locator integration with Destini, we may disclose certain information with the integration partners.

We may disclose your personal information to third parties to expand the reach and effectiveness of our own marketing campaigns. Depending on where you live, these activities may constitute “sales” or “sharing” and you may opt out of these disclosures here.

If we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.

If we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of KOATJI, our users, the public, or others.

With our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.

In connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.

Between and among KOATJI and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership.

With your consent or at your direction. We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. KOATJI processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.

TARGETED ADVERTISING AND ANALYTICS

We engage others to provide analytics services, serve advertisements, and perform related services across the web and in mobile apps. These entities may use cookies, web beacons, SDKs, device identifiers, and other technologies to collect information about your use of our Services and other websites and applications, including your IP address and other identifiers, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used to deliver advertising targeted to your interests on other companies’ sites or mobile apps and to analyze and track data, determine the popularity of certain content, and better understand your online activity. Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under some laws. See below to learn how to opt-out of these activities.

TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES

KOATJI, Inc is headquartered in the United States and we have operations and vendors in the United States and other countries. Therefore, we and those that perform work for us may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law, such as by obtaining your consent, relying on adequacy decisions, or executing Standard Contractual Clauses.

YOUR CHOICES

ACCOUNT INFORMATION

You may update and correct certain account information at any time by logging into your account on the Services. If you wish to deactivate your account, please email privacy@koatji.com, but note that we may retain certain information as required by law or for our legitimate business purposes.

COOKIES

Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.

COMMUNICATIONS PREFERENCES

You may opt out of receiving promotional emails from KOATJI by following the instructions in those communications. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

LINKS TO OTHER WEBSITES AND SERVICES

We are not responsible for the practices employed by websites or services linked to or from the Services, including the information or content contained in such websites or services, and this Policy does not apply to them. We provide links to products available on third-party websites for your convenience. Your browsing and interaction on any third-party website or service, including those that have a link on or to our Services, are subject to that third party’s own rules and privacy policies. Please read the terms of such websites and applications carefully and exercise care when providing your personal information.

CALIFORNIA AND OTHER STATE PRIVACY INFORMATION

California and Other State Notice of Information Collected and/or Disclosed

The California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.), as amended by the California Privacy Rights Act (“CPRA”), affords consumers residing in California certain rights with respect to their personal information. In addition, privacy laws in Virginia provide consumers residing in that state certain rights with respect to their personal information.

If you are a California or Virginia resident, this section applies to you as indicated.

If you are a California applicant or employee, employee applicant, or contractor, please refer to the California Applicant and Personnel Privacy Policy for a description of KOATJI’s privacy practices in that context, and if you are a California business contact, please see our California Business Contacts Privacy Policy.

In the preceding 12 months, we have collected the following categories of personal information:

Category of Personal Information	Examples of Personal Information Collected
Identifiers	Name, mailing address, zip code, IP address, telephone number, email address
California customer records or similar information in states with applicable privacy laws	Name, address, telephone number, email address
Characteristics of protected classifications under state or federal law	Age
Commercial information	Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Internet or other electronic network activity information	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement
Sensory data	Audio information (such as call recordings)
Inferences	Approximate location based on IP address

We collect personal information for the business and commercial purposes described in the section above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:

Category of Personal Information	Categories of Recipients
Identifiers	Web hosting and cloud storage providers, Customer support services providers, Customer feedback services providers, Data analytics providers, Fraud prevention services providers, Advertising and marketing partners
Characteristics of protected classifications under state or federal law	Customer feedback services providers
Internet or other electronic network activity information	Web hosting and cloud storage providers, Data analytics providers, Fraud prevention services providers, Advertising and marketing partners
Inferences	Advertising and marketing partners

We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you. We retain personal information for as long as necessary to carry out the purposes for which we originally collected it and for other purposes described in this Policy.

CALIFORNIA SALES AND SHARING OF PERSONAL INFORMATION

California law requires that we provide transparency about personal information we ”sell” or “share.” “Sale,” for the purposes of the CCPA, broadly means scenarios in which we have disclosed personal information with partners in exchange for valuable consideration, while “sharing” means we have disclosed information to a third party for cross-context behavioral advertising. In addition, the CCPA has been interpreted to deem this “sharing” to also be a form of “sale.” Accordingly, in the preceding twelve (12) months, KOATJI has “sold” or “shared” your personal information to or with third parties for cross-context behavioral advertising, such as targeting of advertising to you based on your personal information obtained from your activity across businesses, websites, apps, and services other than our Services. See the section above for more information about behavioral advertising. See Privacy Rights below to learn how to opt out of these activities.

We do not knowingly sell or share personal information about consumers under the age of 16.

INFORMATION RELEVANT TO OTHER STATES

Virginia’s privacy law requires that we notify you if we use your information for Targeted Advertising. Targeted Advertising means displaying advertisements to you where the advertisement is selected based on personal information obtained from your activities over time and across nonaffiliated websites or online applications to predict your preferences or interests. See below to learn how to opt-out of these activities.

PRIVACY RIGHTS

Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose, (2) request correction of your personal information, (3) request deletion of your personal information, (4) opt out of any “sales” or “sharing” of your personal information that may be occurring or uses of your personal information for targeted advertising, and (5) not be discriminated against for exercising these rights. You may make these requests by calling (844) 837-5397 or sending an email to privacy@koatji.com. You can opt out of sales, sharing, or targeted advertising via the ‘Your Privacy Choices’ link at the bottom of this page. If we need to verify your request, we will do so by asking you to provide information related to your recent interactions with us.

OPT-OUT PREFERENCE SIGNALS

Some browsers allow you to enable privacy-controls in the browser’s settings to automatically signal your opt-out preference to the websites you visit (e.g., Global Privacy Control). We honor Global Privacy Control signals as a valid request to opt-out of the sharing of information linked to your browser. Please be aware, however, that opt-out preference tools are limited to the browser or device you are using. Also, to maintain your privacy preferences, your browser may save some information in its cookies and cache, and if you clear cookies, you may remove your opt-out preferences so that you may have to opt-out again.

If we receive your request from an authorized agent and they do not provide a valid power of attorney, we may ask the authorized agent to provide proof that you gave the agent signed permission to submit the request to exercise rights on your behalf. In the absence of a valid power of attorney, we may also require you to verify your own identity directly with us or confirm to us that you otherwise provided the authorized agent permission to submit the request. If you are an authorized agent seeking to make a request, please call (844) 837-5397.

TERMS OF USE

Last Updated: February 1, 2024

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by KOATJI. By using our Services, you agree to these Terms, including, EXCEPT WHERE PROHIBITED BY LAW, the mandatory arbitration provision and class action waiver in Section 13. If you do not agree to these Terms, do not use our Services.

If you have any questions about these Terms or our Services, please contact us info@koatji.com. For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

1 ELIGIBILITY

You must be at least 18 years of age to use our Services, or the age of legal majority where you live. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2 USER ACCOUNTS AND ACCOUNT SECURITY

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3 PROHIBITED CONDUCT

(a) You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

Use or attempt to use another user’s account without authorization from that user and KOATJI;

Sell, resell or commercially use our Services;

Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;

Develop or use any applications that interact with our Services without our prior written consent;

Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;

Bypass or ignore instructions contained in our robots.txt file; or

Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

(b) You may not create, post, store, or share any content on the Services.

Enforcement of this Section 3 is solely at KOATJI’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 3 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

4 OWNERSHIP; LIMITED LICENSE

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by KOATJI or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

5 TRADEMARKS

KOATJI Logo, the design of our cartons, and our logos, our product or service names, our slogans, and the look and feel of the Services are trademarks of KOATJI and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

6 FEEDBACK

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about KOATJI or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including to develop, copy, publish, or improve the Feedback in KOATJI’s sole discretion. You understand that KOATJI may treat Feedback as nonconfidential.

7 THIRD-PARTY CONTENT

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. KOATJI does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

8 INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless KOATJI and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “KOATJI Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify KOATJI Parties of any third-party Claims, cooperate with KOATJI Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the KOATJI Parties will have control of the defense or settlement, at KOATJI’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and KOATJI or the other KOATJI Parties.

9 DISCLAIMERS

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, KOATJI does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While KOATJI attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

10 LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, KOATJI and the other KOATJI Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if KOATJI or the other KOATJI Parties have been advised of the possibility of such damages.

The total liability of KOATJI and the other KOATJI Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of the amount you paid us to use the Services or $10.

The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of KOATJI or the other KOATJI Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11 RELEASE

To the fullest extent permitted by applicable law, you release KOATJI and the other KOATJI Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

12 TRANSFER AND PROCESSING DATA

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

13 DISPUTE RESOLUTION; BINDING ARBITRATION

THE TERMS OF THIS SECTION 13 APPLY Except where prohibited by law.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with KOATJI and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and KOATJI agree that any dispute arising out of or related to these Terms or our Services is personal to you and KOATJI and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or KOATJI seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or KOATJI seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and KOATJI waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against KOATJI you agree to first contact KOATJI and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to KOATJI by email at hello@koatji.com or by certified mail addressed to 660 Lilac Dr, Montecito, CA 93108, Attn: Legal Department. The Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and KOATJI cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Los Angeles County, California unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 13, a “consumer” means a person using the Services for personal, family, or household purposes. You and KOATJI agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and KOATJI agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, KOATJI, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and KOATJI agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and KOATJI will pay the remaining JAMS fees and costs. For any arbitration initiated by KOATJI, KOATJI will pay all JAMS fees and costs. You and KOATJI agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and KOATJI will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by emailing hello@koatji.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 14.

If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

14 GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Delaware, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Except where prohibited by law, any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California.

15 MODIFYING AND TERMINATING OUR SERVICES

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

16 AMENDMENTS

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

17 SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

18 AFFILAITE PROGRAM

We reserve the right to terminate the affiliate partnership at any time, at our sole discretion, with or without prior notice. Upon termination, all outstanding earnings accrued up to the date of termination will be calculated and paid out in accordance with our standard payment terms. Affiliates agree that termination of the partnership does not entitle them to any compensation beyond the payout of such accrued earnings.

19 MISCELLANEOUS

The failure of KOATJI to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.

The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.”

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

You agree that communications and transactions between us may be conducted electronically.

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone.