Last Updated September 1, 2012
2. Purchase Related Policies?For specific policies related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.
3. Accuracy of Information?Our goal is to provide complete, accurate, up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions – including after an order has been submitted – and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.
4. Intellectual Property?All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data for compilations, and software, and the compilation thereof (the “Content”) is the property of Just for KiiX our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of Just for KiiX, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 5 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
5. Limited License?You have permission to electronically copy and print hard copies of pages from this Site solely for personal, non-commercial purposes related to placing an order or shopping with www.justforkiix.com. Unless we give you written permission in advance, any other use of this Site, its content and its information, including linking or framing to this Site, is strictly prohibited.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. Please note that you may not frame or utilize framing techniques to enclose the Site or any portion thereof without our prior written consent.
The limited license set forth in this Section 5 does not include the right to: (i) modify or download the Site or its contents (except caching or as necessary to view content); (ii) make any use of the Site or its Content other than personal use; (iii) create any derivative work based upon either the Site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited license set forth in this Section 5 without prejudice to any other remedy provided by applicable law.
6. Your Account?If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all the Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of the Site resulting from such access or use. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
7. Third-Party Links?We are not responsible for the content of any off-Site pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. You are linking to or from any off-Site pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
9. No Warranties The Site is provided on an “AS IS”, “AS AVAILABLE” basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). We and our suppliers do not represent or warrant that the information on this Site is accurate, complete, or current. We are not responsible for typographical or other errors, inaccuracies or omissions. Price and availability information, product descriptions and promotions are subject to change without notice, and we reserve the right to change or update such information at any time. In addition, we make no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you. The Site is controlled, operated and administered from within the United States.
10. Limitation of Liability EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL JUST FOR KIIX, ITS PARENTS, AFFILIATES, AND/OR SUPPLIERS BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE CONDITIONS AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF JUST FOR KIIX, ITS PARENTS, AFFILIATES, AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, JUST FOR KIIX’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE CONDITIONS AND/OR THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (A) $50.00, OR (B) THE AMOUNT YOU PAID TO ACCESS THE SITE DURING THE THREE (3) MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification?You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
12. Confidentiality?Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
14. Governing Law and Jurisdiction The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. These Conditions are governed by the laws of the State of North Carolina, USA, except for its conflict of laws provisions. In the event you desire to initiate any suit against Just for KiiX arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or these Conditions, you agree to bring such suit in the federal courts sitting in the State of North Carolina, USA unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in the State of North Carolina, USA. You further agree that we may initiate a suit against you arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or these Conditions in such courts and you hereby waive all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts.