Terms and Conditions of Service
Last updated: May 20, 2018
Please read these Terms and Conditions of Service (“Terms”, “Terms of Service”) carefully before using the www.Kaliskits.com website (the “Website”) operated by Kali’s Kits LLC (“us”, “we”, or “our”) or purchasing any products for sale on this site.
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Website.
Purchases: Customer Representations
If you wish to purchase any product made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Purchases: Contract of Sale, Waiver and Release from Liability
We have agreed to sell a Kali’s Kit and/or Kali’s Kit replacement items to You as reflected in the receipt/sales confirmation (hereafter “Contract of Sale” or “Contract”) sent to you via the email You provided during the completion of your Kali’s Kits purchase transaction. The provisions herein shall be incorporated by reference into the Contract of Sale. Kali’s Kits, LLC and You/Purchaser shall be referred to hereafter as “the Parties.”
Purchaser agrees and understands that Kali’s Kits, LLC cannot oversee or supervise the safety and proper usage of Purchaser’s Kali’s Kit, the items contained therein, and/or replacement parts, if applicable. Consequently, Kali’s Kits LLC cannot be held responsible for the safe use or other actions by the Purchaser and/or future users of Kali’s Kits, the items contained therein, and/or replacement parts.
Purchaser agree to all terms as follows:
I am aware that Kali’s Kits includes a Warning label and Instructions for Use. I agree to review and adhere to the Warnings and Instructions for Use, paying particular attention to the appropriate use of the Kali’s Kit built-in solar panel and charging station.
I hereby agree to release and forever discharge Kali’s Kits LLC, and its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on Kali’s Kits, LLC’s behalf from any and all legal claims, actions, damages, liability, costs, expenses or attorney fees related to, arising out of, or in any way connected to use of my Kali’s Kit, the items contained therein, and/or replacement items, or from any claim arising out of my presence upon the Kali’s Kits, LLC premises, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of Kali’s Kits LLC, including its agents, employees, officers, directors, component manufacturers and/or any and all other persons or entities acting on Kali’s Kits, LLC’s behalf. By agreeing to these Terms and Conditions of Use, it is my intention to surrender and waive any and all rights to sue or to exercise a legal right to seek damages from Kali’s Kits LLC, and/or its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on Kali’s Kits LLC’s behalf.
I have carefully read the foregoing and acknowledge, understand and AGREE to all of the above terms and conditions. I have had the opportunity to ask any and all questions regarding this Contract. By issuing payment for my Kali’s Kit and/or replacement items and agreeing to these terms and conditions, I assume all risks inherent in the purchase and use of a Kali’s Kit, the items contained therein, and/or replacement items, and release Kali’s Kits LLC from any and all liability that may arise from my ownership and use of my Kali’s Kit, the items contained therein, and/or replacement items. This includes a release of Kali’s Kits LLC from any and all liability related to or arising out of use of a Kali’s Kit, the items contained therein, and/or replacement items by children under the age of 11, which is expressly prohibited due to the small size of the parts contained therein, and the inherent potential choking hazard that small size items present.
Binding Arbitration Clause: The Parties agree that any dispute, controversy or claim arising out of the use of a Kali’s Kit, the items contained therein, and/or replacement items; including warranty claims, defective product claims, physical injury claims, property damage claims and/or whether any of the aforementioned claims are arbitrable, will be referred to and finally determined by arbitration in accordance with the Judicial Arbitration and Mediation Services (“JAMS “) International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of arbitration shall be the JAMS office located in Orange County, California. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. In the event a party fails to proceed with arbitration as delineated in this paragraph, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled to costs of suit including reasonable attorneys’ fees for having to compel arbitration or defend or enforce an award.
The Parties understand and agree that this Contract will be interpreted pursuant to all applicable laws. If any portion of this Contract is deemed unenforceable, the remainder shall be given full force and effect.
Purchaser has read this Contract and fully understands it’s terms. Purchaser understands that he/she is giving up substantial rights. This Contract shall be effective and binding upon the Parties and all individuals who use a Kali’s Kit, the items contained therein, and/or replacement items, if applicable.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other web sites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
The Website and its original content, features and functionality are and will remain the exclusive property of Kali’s Kits LLC and its licensors. The Website is protected by copyright, trademark, and/or other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kali’s Kits LLC.
Links To Other Web Sites
Our Website may contain links to third party web sites or services that are not owned or controlled by Kali’s Kits LLC
Kali’s Kits LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Kali’s Kits 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Kali’s Kits LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Kali’s Kits LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Kali’s Kits LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
If you have any questions about these Terms and Conditions, please contact us.