SECTION 1 - ONLINE STORE TERMS
You may purchase Products and Services from our online store located on the Website. Our online store is hosted on the KWI Unified Commerce platform (the “Platform
”) at https://www.kwi.com/
. KWI provides us with the online e-commerce Platform that allows us to sell our Products and Services to you. We have no direct control of the availability or security of the KWI website or the Platform. Accordingly, we disclaim and you agree to release us now and forever in perpetuity from any and all liability and damages of any kind arising from or in connection with the Platform.
In order to purchase Products or Services or participate in any of our offerings, you must create a user account and register as a Rewards Member. You are not required to create a user account to enjoy use of our Website. If you create a user account, you must provide true, accurate, current and complete information and you must update your user account whenever the information you provide has changed, including your email address, credit card numbers and expiration dates. It is your responsibility to maintain the confidentiality of your user name and password, and you agree to accept responsibility for all activities that occur under your user account. You may not transfer, assign or sell your user account to any third party. We have the right to rely upon any information received from any person/entity using your username and password under your account, and you agree that we will not incur any liability arising out of such reliance.
and our Return Policy
. Please review these policies carefully. Products may or may not be subject to return or exchange. Prices are subject to change without notice. We reserve the right at any time to modify or discontinue a Product or Service (or any part or content thereof) without notice. We will not be liable to you or to any modification, price change, suspension or discontinuance of a Product or Service decided by us or any third party. We reserve the right to limit sales of Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. Product descriptions and prices are subject to change at any time without notice. Any offer for any product or service made on this site is void where prohibited.
SECTION 2 – SECURITY
You understand that your personal information (excluding credit card information), may be transferred unencrypted, and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You are prohibited from violating or attempting to violate any security features of this Website, including, without limitation, (i) accessing Materials that are not intended for you, (ii) logging onto a server or account that you are not authorized to access; (iii) attempting to probe, scan, or test the vulnerability of this Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (iv) interfering or attempting to interfere with any Services we provide through this Website; (v) using this Website to collect or track the personal information of others or to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services whether or not they are Products or Services we offer; (vi) using any automatic or manual process to monitor or copy any portion of this Website; (vii) introducing any viruses, Trojan horses, malware, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (viii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used with or for this Website.
SECTION 3 – USE OF THE WEBSITE
You may not modify, reproduce, publicly display, assign, license, sublicense, or distribute the Materials for any public or commercial purposes or use the Materials outside the uses expressly permitted above. Any use of the Materials on any other website or networked computer environment for any purpose is prohibited. You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Website. You may not purchase Products or receive Services without our express written permission.
SECTION 4 – LIMITED WARRANTY; WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
We have made every effort to display as accurately as possible the colors and images of our Products made available through our online store. We cannot guarantee that your computer monitor's display of any color will be accurate.
The Products you purchase may be covered by third party warranties. Please review all documentation and information you receive with your Products. Your may have the right to return or exchange Products pursuant to the terms of our Return Policy.
We do not warrant that the quality of any Products or Services purchased through our online store or any information or Materials displayed on our Website or otherwise made available to you will meet your expectations, or that any errors will be corrected. We do not warrant that the Materials or other information will be accurate, complete, or current. We undertake no obligation to update, amend or clarify the Materials on our Website, including without limitation, prices or Product descriptions, except as required by applicable law. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
The Materials and other information is intended for general informational purposes 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. Any reliance on the Materials or other information provided or made available to you is at your own risk.
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE, ANY THIRD PARTY LINKED SITES, PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH OUR ONLINE STORE, OR ANY MATERIALS AND/OR MARKS CONTAINED ON THIS WEBSITE. THE EXCLUSIONS IN THIS SECTION INCLUDE BY WAY OF EXAMPLE, BUT NOT LIMITATION, DAMAGES CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE MATERIALS, OR THE PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE, YOU MAY BE ELIGIBLE FOR AN EXCHANGE OR RETURN, AND YOU MAY DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCTS OR SERVICES THAT SPECIFICALLY CAUSED THE DAMAGE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
SECTION 5 – THIRD-PARTY LINKS
Certain content, Products, and Services on our Website may include materials from third parties.
This Website may contain links that direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any information made available to you through such third party websites. We do not warrant, recommend, or endorse, nor will we assume any liability or responsibility for any third-party materials, or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages you incur, directly or indirectly, arising from your purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's privacy policies and terms and make sure you understand them before you engage in any transaction. When you leave our Website, the terms, conditions, and privacy policies on such third party sites will apply to you Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 – FEEDBACK, COMMENTS, AND ADDITIONAL USE PROHIBITIONS
If you upload submissions (for example, in the context of a sweepstakes or contest entry) or you send us creative ideas, suggestions, proposals, plans, materials, or feedback, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction or limitation, edit, copy, publish, distribute, translate and otherwise use the Feedback in any medium. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
If we permit you to upload data to the Website for public display (“Comments”), we may, but have no obligation to, monitor, edit or remove any Comments that you or any other user uploads to our Website. Notwithstanding the foregoing, you agree that: (a) you are strictly prohibited from uploading any Comments or otherwise using the Website for any purposes that are offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violate these Terms of Service or any international, federal, provincial or state regulations, rules, laws, or local ordinances; (b) your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, publicity, image, or other personal or proprietary right; (c) your Comments will not contain computer virus or other malware that could in any way affect the operation of the Service or any related website; (d) you will not upload Comments or use the Website to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; and (e) you will never use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 7 - PERSONAL INFORMATION
SECTION 8 – INDEMNIFICATION
SECTION 9 – TERMINATION
SECTION 10 – GOVERNING LAW
SECTION 11 – GENERAL PROVISIONS
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 12 - CONTACT INFORMATION