NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
Content and Accuracy of Information: We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site.
Use of Website Content: All materials provided on the Site, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by KIZY HOME. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of KIZY HOME. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without KIZY HOME’s prior express written permission.
Except where expressly provided otherwise by KIZY HOME, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of KIZY HOME’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is the Users’ obligation to comply with all applicable state, federal and international laws. Users are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. Users agree to accept responsibility for all activities that occur under your account or password.
Termination: We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. Any Users who request excessive returns or make orders that result in excessive fraud and/or chargebacks may have their account suspended or terminated. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
INFORMATION FOR USERS
All transactions made through the SITE are subject to our acceptance, which is at our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, at our sole discretion, and without liability to you or any third party.
CUSTOMS & IMPORT FEES
Customs and import fees may apply to international orders. These fees fluctuate based on country and order value. The customer is responsible for all customs and/or import fees. Customs and import fees may be due upon delivery. KIZY HOME cannot lower the invoice value or send the order as a gift. This is a universal policy.
Except where expressly provided otherwise by KIZY HOME, all comments, feedback, information and data submitted to KIZY HOME through, in association with or in regard to the Site (“Submissions”) shall be considered non-confidential and KIZY HOME’s property. By providing such Submissions to KIZY HOME, you agree to assign to KIZY HOME, as consideration in exchange for the use of the Site, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant KIZY HOME these rights. KIZY HOME shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not KIZY HOME, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
KIZY HOME does not accept Submissions or any user under the age of 18 (“Child” or “Children”). You are ineligible to use this Site if you are under the age of 18.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KIZY HOME EXCEED $100.00. IN NO EVENT SHALL KIZY HOME OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
REPRESENTATIONS AND WARRANTIES
Each User represents and warrants that it has the power and authority to enter into these Terms. KIZY HOME warrants that it will provide the Site in a manner consistent with its business practices, as KIZY HOME, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms on their behalf.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY KIZY HOME, THE MATERIALS ON THE WEBSITE AND SERVICE ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, KIZY HOME AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. KIZY HOME AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE, WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SERVICE, WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KIZY HOME AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICE, WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE SERVICE OR WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER KIZY HOME NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. KIZY HOME IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY KIZY HOME, WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. KIZY HOME EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
You shall defend and indemnify KIZY HOME and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against KIZY HOME or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. KIZY HOME shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Site and/or the goods associated with the Site other than in accordance with these Terms; (b) the combination of the Site and/or the goods and/or services associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Site, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which KIZY HOME controls and operates the Site and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
KIZY HOME may give notice by means of a general notice on the Site, electronic mail to your e-mail address on record in KIZY HOME’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in KIZY HOME’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Site.
If you have any questions regarding these terms or wish to contact us for any matter: