The KOB Boys LLC Privacy Policy

Last Updated: 11/20/23

KOB Boys LLC collects and uses personal information in order to provide its products and services. This privacy policy describes the personal information we collect, the purposes for which we use it, the parties with whom we may share it, and your choices with respect to such information. For purposes of this privacy policy, "personal information" means any information that relates to you as an individual and could reasonably be used to identify you. This Privacy Policy applies to our collection and use of personal information through this website and any related websites, applications, tools, or platforms, as well as through any other means where a link or reference to this Privacy Policy is provided. To the extent permitted by applicable law, your use of The KOB Boys LLC's products and services constitutes your acknowledgment and/or consent to the practices described in this policy.

This privacy policy incorporates The KOB Boys LLC's Terms of Use (the "Terms"). Capitalized terms that are not defined in the privacy policy have the meaning given to them in the terms.

I. The information that we collect:

The KOB Boys LLC collects personal information:

a. When you provide it to us.

This may include:

• Name
• Contact information, such as your email address and phone number,
• Home/office address
• Credit card information
• Survey information
• Marketing preferences
• Customer service communications
• Any other information that you provide to us when you complete forms, including on our website, surveys, or otherwise provide us with information

b. When you use our products or services or visit our website(s). This may include:

• Order and usage history
• Transaction information
• Location data, which we may collect through our apps (if applicable) or when you access our website using a mobile device
• Information is created when you communicate using our products or services, including the content of such communications and the time or date of the communications.
• Information is automatically collected when you visit our website(s) using your computer or mobile device, including your IP address or other device address or ID, web browser and/or device type, hardware and software settings and configurations, the web pages or sites that you visit just before or just after visiting the site, the pages you view on the site, your actions on the site, and the dates and times that you visit, access, or use the site.

This may also include information collected via one or more "cookies" when you visit our website(s). Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. We use cookies and similar technologies for purposes such as remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, and analyzing traffic to our website. You may be able to decline our cookies through your browser settings; however, this may interfere with your ability to use our website or certain features on our website. We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the services we provide to you.

II. How we use the information we collect:

The KOB Boys LLC uses the personal information that we collect:

a. To provide our products and services.

For example, we use personal information to:

• Create or update your account
• Process orders
• Process payments
• We will provide our services to you
• Generate and send you receipts
• Enable deliveries
• Manage our website
• Communicate with you
• Perform necessary operations to maintain our services, including troubleshooting software bugs and operational problems; conducting data analysis, testing, and research; and monitoring and analyzing usage and activity trends.
• Communicate with you regarding our products and services and/or your account

b. Customer support

The KOB Boys LLC uses the information we collect to provide customer support, which may include investigating and responding to complaints.

c. Marketing

The KOB Boys LLC may use personal data to market our services to our users. This includes sending users communications about our products, services, features, promotions, updates, and events. We may do so through various methods, including email, text messages, social media, and ads on third-party platforms.

d. Job Applicants

The KOB Boys LLC may use personal data it collects directly from individuals (including via a job application portal) or from other sources such as social media or recruiters to evaluate job applicants.

e. Legal proceedings and requirements or fulfilling contractual obligations

We may use personal data to investigate or address claims or disputes relating to the use of The KOB Boys LLC's services, to satisfy requirements under applicable laws, regulations, or operating licenses or agreements, including those that apply to the company in its capacity as a service provider or contractor for another entity, or pursuant to a legal process or governmental request, including from law enforcement.

We may also aggregate, anonymize, or otherwise use your personal information without identifying you for any purpose permitted by applicable law.

III. When we share your information

We may disclose your personal information, to be used only for legitimate purposes in keeping with this privacy policy, to:

• Vendors and service providers
• Payment processors and facilitators
• Cloud storage providers
• Social media companies, such as facebook or instagram, in connection with our use of their platforms to communicate with our users
• Marketing partners and marketing platform providers, including social media advertising services, advertising networks, third-party data providers, and other service providers, to reach or better understand our users and measure advertising effectiveness
• Google analytics or a similar service to help us analyze how users use our website
• Consultants, lawyers, accountants, and other professional service providers
• Other third parties, with your consent

The KOB Boys LLC may also share your information if we believe it's required by applicable law, regulation, operating license or agreement, legal process, or government request, or where the disclosure is otherwise appropriate due to safety or similar concerns. The KOB Boys LLC may also share your information with others in connection with, or during negotiations of, any merger, sale of The KOB Boys LLC assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

IV. Additional Information

a. Opt-out from communications

As explained above, we may use your e-mail address or other personal information to send you promotional materials. You can opt out of receiving promotional communications by following the links provided in the messages, updating your account preferences through the Services, or contacting us directly at [email protected]. Although your request to stop receiving information will be reflected promptly in our database, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics or statistics about our users. To make a request related to your personal information or otherwise exercise your rights, you may contact us using the contact information provided below. In order to fulfill your request, we may require additional information from you. You may decline to share certain information with us, in which case we may not be able to accept your membership or provide you with our services.

b. Data retention

We retain information as long as it is reasonably necessary to provide our products and services and for other purposes, including to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, or enforce our terms or other agreements.

c. Children

We do not knowingly collect or maintain information directly from persons under 13 years of age ("children"), and no part of the services is directed to children. If you are under 13 years of age, then please do not use or access the services at any time or in any manner. If we learn that information has been collected through the services of children without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us using the contact information below to request that we delete the information from our systems.

d. Visitors from Outside the United States

The KOB Boys LLC operates in the United States, and any personal information collected pursuant to this Privacy Policy may be accessed from and/or stored by the company or those acting on the company's behalf in the United States. If you use The KOB Boys LLC's products and services from outside the United States, you acknowledge that your personal information may be transferred to or accessed from the United States and consent to such transfer or access.

e. Limitation of Liability

By accessing this site and/or providing us with personal information and other data, you expressly and unconditionally release and hold us harmless from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of such information.

f. Requests and inquiries

To submit a request relating to your personal information or other inquiries regarding the information in this privacy policy, please contact us by e-mail at [email protected].

g. Updates to this Privacy Policy

We may update or make other changes to this privacy policy from time to time, without notice. We will notify you about changes that significantly impact our use of your personal information by placing a prominent notice on this website or by sending you an email. We recommend revisiting this page periodically to make sure that you have the most recent information regarding our collection and use of your personal information. To the extent permitted under applicable law, we will understand your use of our website, products, or services after an update to this privacy policy to reflect your consent to the practices described in this policy. For the avoidance of doubt, disputes arising as considered in this document will be resolved in accordance with the privacy policy in effect at the time the dispute arose.

h. Contact

Please contact us with any questions, comments, or concerns about this privacy policy or our use of your personal information by e-mail at [email protected].

The KOB Boys LLC Terms of Use

These Terms of Use, together with The KOB Boys LLC's Privacy Policy, set forth the terms and conditions ("Terms") that apply to your access and use of the The KOB Boys LLC website, located at https://thekobboys.com/ (together, the "Site"). "The KOB Boys LLC" includes The KOB Boys LLC and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. The KOB Boys LLC services may include, but are not limited to, home remodeling, carpentry, roofing services, electrical services, and plumbing services (collectively, the "Services").

By using or accessing the site, you agree to these terms, as updated from time to time in accordance with Section 11 below. Because The KOB Boys LLC provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These terms state that any disputes between you and The KOB Boys LLC must be resolved in arbitration or small claims court.

1. Account security. To use the site, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the site; and (iii) register for and use the site in compliance with any and all applicable laws and regulations.

1. Prohibited conduct You agree not to:

• Use the Site for any illegal purpose or in violation of any local, state, national, or international law;
• Violate or encourage others to violate the rights of The KOB Boys LLC or any third parties, including intellectual property rights;
• Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
• Interfere in any way with security-related features of the Site;
• Interfere with the operation or any user's enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
• Access, monitor, or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without The KOB Boys LLC's express written permission;
• Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
• Sell or otherwise transfer the access granted herein.

2. Electronic communications, alerts, and notifications As part of the site, you may receive notifications, alerts, emails, or other types of electronic communications regarding the services. You acknowledge and agree that you may receive communications from us electronically, such as via e-mail or text message, or through notices and messages on our site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you. Additionally, we may use third-party vendors to communicate with you. To the extent you have any questions, please refer to their terms of use.

3. Third-party content The site may contain links to third-party websites and services. The KOB Boys LLC provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that The KOB Boys LLC has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services and is not responsible for the legality, accuracy, or appropriateness of any such content. The KOB Boys LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.

4. Intellectual property You acknowledge and agree that you relinquish all ownership rights to any ideas or suggestions that you submit to The KOB Boys LLC through this site. This site is protected by applicable copyright and other intellectual property laws, and no materials from the site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the site belong to The KOB Boys LLC, except third-party trademarks or service marks, which are the property of their respective owners.

5. Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless The KOB Boys LLC from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. The KOB Boys LLC reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such a case, you agree to cooperate with our defense of such a claim.

6. Reliance on Information Posted The information presented on or through the site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the site, or by anyone who may be informed of any of the site's contents.

7. Termination. If you violate these terms, your permission to use the site will automatically terminate. In addition, The KOB Boys LLC, in its sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the site at any time, with or without notice to you. You may terminate your account at any time by contacting The KOB Boys LLC at [email protected]. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but The KOB Boys LLC may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the site.

8. Modification of the Terms The KOB Boys LLC reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the site following notice will be deemed acceptance of any modifications to the Terms.

9. Disclaimers of Warranties The site is provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied. Although The KOB Boys LLC seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our site, and there may at times be inadvertent technical or factual errors or inaccuracies. The KOB Boys LLC specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any or all damages that may result from your use of or access to the site. The KOB Boys LLC does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the site.

10. Limitation of Liability In no event will The KOB Boys LLC be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not The KOB Boys LLC has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.

11. Governing Law These terms are governed by the laws of the United States and the State of New York, without regard to conflict of law principles. Subject to Section 16, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and The KOB Boys LLC agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Brooklyn, New York, for the purpose of litigating any such disputes.

12. Geographic Restrictions We provide the site for use only by persons located in the United States. We make no claims that the site is accessible or appropriate outside of the United States. Access to the site may not be legal for certain persons or in certain countries. If you access the site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

13. Dispute Resolution by Binding Arbitration In the interest of resolving disputes between you and The KOB Boys LLC in the most expedient and cost-effective manner, you and The KOB Boys LLC agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction ("Agreement to Arbitrate"). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.

Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party's claim(s). Any relief awarded cannot affect other users.

14. Modification of the Site The KOB Boys LLC reserves the right to modify or discontinue, temporarily or permanently, some or all of the site at any time without any notice or further obligation to you. You agree that The KOB Boys LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the sites.

15. General.

• Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and The KOB Boys LLC regarding your use of and access to the Site, and except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.
  
• No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
  
• Paragraph Headers. The use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
  
• Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16. Notice to California Residents Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding the use of the service.

Last updated:11/20/23