Terms of Use

 

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

1. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.

3. Accuracy, Completeness, and Timeliness of Information

We are not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

4. Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

5. Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

6. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address provided at the time the order was made.

7. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement.

8. Third-Party Links

Certain content, products, and services available via our Service may include materials from third-parties. We are not responsible for examining or evaluating the content or accuracy of these materials and we do not warrant and will not have any liability for any third-party materials or websites.

9. User Comments, Feedback, and Other Submissions

If you send us creative ideas, suggestions, proposals, or other materials, you agree that we may, at any time, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

10. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

11. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

12. Prohibited Uses

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Kaine Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.

16. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. If you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice.

17. Entire Agreement

These Terms of Service, along with any policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals.

18. Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

19. Contact Information

If you have any questions about these Terms of Service, please visit our Contact Us page or email us at cs@kaine.com.