Terms and Conditions
Terms of Use Updated October 21, 2013 Thank you for visiting shopkaii.com(“Website”). We have prepared the information below to ensure that your experience on our Website is one you'll want to repeat again and again. Kaii (“Kaii”, “we”, “us” or “our”) provides this Website as a service to its customers. Please review the following basic rules that govern your use of our Website. Please note that your use of the Website constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Website. Although you may "bookmark" a particular portion of shopkaii.com and thereby bypass this agreement, your use of this Website still binds you to the terms. Since Kaii may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us. Legal Information This Website is expressly owned and operated by Kaii and our parent company Pretty Good. Our mailing address is 3055 Fruitland Ave, Vernon, CA 90058. Unless otherwise noted, all design and content featured on shopkaii.com - including navigational buttons and images, artwork, graphics, photography, text, and the like - are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Kaii. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from shopkaii.com. You may, however, download or electronically copy and print any of the page contents displayed on the Website, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any Website materials via email, no right, title, or interest in those materials will be transferred to you. Limitation of Liability Given the unpredictability of technology and the online environment, Kaii does not warrant that the function or operation of this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our Website. As a visitor to and a user of this Website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Kaii shall not be liable for damages of any kind related to your use of or inability to access this Website’s inaccuracies. We endeavor to present the most recent, most accurate, and most reliable information on our Website at all times. However, there may be occasions when some of the information featured on shopkaii.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content 'as is' and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Kaii product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Kaii shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Shopkaii.com shall have the right to refuse or cancel any such orders 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, Kaii shall issue a credit to your credit card account in the amount of the incorrect price. Availability At shopkaii.com, we go out of our way to select the kind of distinctive merchandise for which the brand is recognized. Please understand that many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Website again. When an item featured on shopkaii.com is no longer in stock, we make every attempt to remove that item from the Website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at 323-923-2171 from 9am – 6pm PST, Monday – Friday. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate. Indemnification You agree to indemnify, defend, and hold harmless Kaii, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account. Termination: Kaii may terminate your access, or suspend any user’s access to all or part of the Website without notice or recourse, for any conduct that Kaii, in its sole discretion, believes is in violation of any applicable law or of these Terms of Use or is harmful to the interests of another user, a service provider, Kaii or its affiliates. Governing Law: By visiting or using the Website, you agree that the laws of the State of California, without regard to principles of conflicts of law, will govern our Privacy Policy and these Terms of Use and any dispute of any sort that might arise between you and Kaii. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in Los Angeles County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice Kaii respects the copyright interests of others and, as such, requires our users to comply with these Terms of Use and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Website violates these Terms of Use or your copyright please report the violation. Correspondence Although we will make every effort to respond quickly to applicable email messages, shopkaii.com is under no obligation to respond to all pieces of correspondence received through this Website, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding shopkaii.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through shopkaii.com shall become and remain the property of Kaii. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.