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Terms of use

By using these Websites, you agree to follow these Terms of Use and represent that you are at least 18 years of age.

License to use website 
Unless otherwise stated, Kimi and Kai and/or its licensors own the intellectual property rights for content and materials published and used on our site. All these intellectual property rights are reserved, subject to the license below.

You may view, download, and print pages, files or other content from the website for your own personal use, provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, "frame" or use the content of our Websites including the text, images, audio and/or video for public or commercial purposes without prior written permission from an authorized representative of our Websites.

Acceptable use
You must not use our Website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You promise to make only lawful use of our Websites. You promise note to post, upload or transmit any unlawful, damaging, threatening, defamatory, libelous, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You also promise not to uses this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You agree not to conduct any systematic or automated data collection activities on or in relation to our Websites without our express written consent. This includes but is not limited to scraping, data mining, data extraction, data harvesting, 'framing' (iframes), and Article 'Spinning’.

You must not use our Websites or any part of it to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without the express written consent of the Website.

Restricted access
Access to certain areas of our Websites is restricted. We reserve the right to restrict access to certain areas of our Sites, or at our discretion, this entire website. We may change or modify this policy without notice. Additionally, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. 

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or the Websites or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to this website, or stored on the servers of our Websites, or hosted or published upon our Sites.

Our rights under these terms and conditions in relation to user content, does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties
This website is provided “as is” without any representations or warranties, express or implied. We makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, does not warrant that:

  • websites will be constantly available, or available at all; or
  • information on any of our Websites is complete, true, accurate or non misleading.

We attempt to display product images shown on the Sites as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using. We attempt to describe the products as accurately as possible. However, we cannot guarantee that the description is complete or error free.

Price and availability of products and services contained on the site are subject to change without notice. While we attempt to provide accurate information, there may be occasions when information featured on our Websites may contain typographical errors, incomplete data, inaccuracies, or items that are no longer in stock. We do not warrant that the information accessible via these Websites is accurate, current, or complete. In the event that an item is listed at an incorrect price due to pricing error we reserve the right to, at our sole discretion, contact you for further instruction, refuse the order, or cancel any order placed for the item, and notify you of such cancelation. Errors will be corrected when and where discovered, and we reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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 cancelled, we will credit the credit card originally charged, including any applicable taxes and shipping fees. All sales made on this site are subject to Kimi and Kai’s Return / Cancelation Policy.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Our Websites contain, or may contain links to other third party sites. We make no representation whatsoever about any other external websites which you may access through one of our Sites. When you leave the Site, please understand that we have no control over the content on that web site. In addition, a link to a non-BGSD web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web site. We make no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.

Limitations of liability
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the Website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of in respect of any:

  • death or personal injury caused by the negligence of or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of ; or
  • matter which it would be illegal or unlawful for to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using our Websites, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against 's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as our Websites.

Unenforceable provisions
If any provision of our Websites disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify and undertake to keep indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute on the advice of 's legal advisers) incurred or suffered by arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, may take such action as deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. 

Assignment
We may transfer, sub-contract or otherwise deal with 's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement
These Terms of Use, together with our Privacy Policy constitute the entire agreement between you and in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Pennsylvania, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Pennsylvania.

Contact
If you require additional information or have any questions about our Terms of Use, please feel free to contact us by email. info@kimiandkai.com.

This page was last revised on 5/23/2016. 

 

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