TERMS AND CONDITIONS
The Kade Inc. Websites (collectively, the “Kade Web Sites”) operated by Kade Inc., or its affiliates or subsidiaries (“Kade”), is comprised of various Web sites and Web pages. The Kade Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Kade Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Kade Inc. website included within the Kade Web Sites network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the Kade Web Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Kade Inc. website, then these terms shall control.
Kade Inc. reserves the right to change the terms, conditions, and notices under which the Kade Web Sites are offered, including but not limited to the charges associated with the use of the Kade Web Sites. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Kade Web Sites are for your personal, noncommercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Kade Web Sites, unless this is done for noncommercial purposes.
Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Kade Inc. is strictly prohibited.
Harassment in any manner or form on any of the Kade Web Sites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Kade Inc. employee, host, or representative or other members or visitors on the Kade Web Sites is prohibited. You may not upload to, distribute, or otherwise publish through the Kade Web Sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS.
The entire content included in the Kade Web Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kade Inc.. The collective work includes works that are licensed to Kade Inc.. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Kade Inc., or other respective owners that have granted Kade Inc. the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Kade Inc. respects the intellectual property of others, and we ask our users and visitors to do the same. Kade Inc. will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Kade Inc. will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kade Inc. the following information. Please be advised that to be effective, the Notification must include ALL of the following:
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Kade Web Sites;
your address, telephone number, and email address and all other information reasonably sufficient to permit Kade Inc. to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
228 Park Ave South, Suite 75723
New York NY 10003
TERM AND TERMINATION.
These terms and conditions are applicable to you upon your accessing the Kade Web Sites. These terms and conditions, or any of them, may be modified or terminated by Kade Inc. without notice at any time for any reason. Kade Inc. may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Kade Inc., Kade Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kade Inc.. Kade Inc. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Kade Inc. sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
Kade Inc. makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites.
Kade Inc. does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kade Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Kade Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kade Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
LIMITATION OF LIABILITY.
In no event shall Kade Inc. be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Kade Inc. has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Your use of The Kade Web Sites shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Kade Web Sites (including but not limited to the purchase of Kade Inc. products) shall be in the state or federal courts located in Los Angeles, California. Any cause of action or claim you may have with respect to the Kade Web Sites (including but not limited to the purchase of Kade Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Kade Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kade Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Kade Inc. makes no representation that materials in the Kade Web Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.
By using this Site, you agree that Kade Inc., at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods and information provided by or through the E-Store. This Contract constitutes the entire and only agreement between Kade Inc. and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the E-Store, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.
SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Kade Inc. within 24 hours of any breach of this Contract or unauthorized use of the password. Kade Inc. does not protect Buyer from unauthorized use of Buyer’s password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the E-Store are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the E-Store is prohibited.
EDITING, DELETING, AND MODIFICATION
Kade Inc. reserves the right in its sole discretion to remove any goods for sale from the E-Store. Upon notice published over the E-Store, Kade Inc. may modify this Contract, or prices, and may discontinue or revise any or all aspects of the E-Store in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the E-Store with respect to transactions occurring after said date.
RIGHT TO REFUSE
Kade Inc. reserves the right in its sole discretion to refuse service at any time. Sale of any goods is subject to availability.
Buyer agrees to indemnify, defend and hold Kade Inc. and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the E-Store.
Buyer’s right to use the E-Store is not transferable and is subject to any limits established by Kade Inc. or by Buyer’s credit card company.
The goods offered through the e-store are provided “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of Kade Inc., for any reason, and buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the buyer for the particular items purchased. Kade Inc. and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Kade Inc. and buyer. This e-store and goods would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.
ORDER CONFIRMATION & SHIPPING
After Buyer’s order has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to Buyer shortly after the order is submitted. If an order confirmation does not arrive within 24 hours after submission, Buyer shall contact Kade Inc. Online Customer Service by phone at to +1 877-721-0044, or via email at email@example.com for assistance.
Kade Inc. orders are shipped on business days (Monday through Friday 8:30-17:30, excluding major holidays). All orders are subject to authorization. Only authorized orders will be processed and shipped.
If an order was not shipped, was incorrectly shipped, is missing a product or contains a damaged or defective item, Buyer shall contact Kade Inc. Online Customer Service by phone at to +1 877-721-0044 , or via email at firstname.lastname@example.org for assistance.
Kade Inc. does not accept any returns for products purchased on the E-Store. Products purchased on the E-Store cannot be returned to a Kade Inc. distributor nor to a salon which sells Kade Inc. products.
If a product purchased on the E-Store is DEFECTIVE, customer shall contact Kade Inc. Online Customer Service by phone at +1 877-721-0044 , or via email at email@example.com, within 14 days of receipt of product. In order to process its request, the customer shall provide a detailed description of the defect and a proof of purchase.
USE OF INFORMATION
Kade Inc. reserves the right, and Buyer authorizes Kade Inc., to the use and assignment of all information regarding Buyer’s use of the E-Store and all information provided by Buyer, subject to applicable law.
This Agreement is governed by the substantive laws of the State of California, without regard to the principles of conflicts of law, provided, however, the obligation to arbitrate shall be governed by the Federal Arbitration Act, which preempts any law that limits arbitration, such as California Code of Civil Procedure ” §§ 1281.2, 1281.3 or 1281.4. Each person or entity who is a Party to this Agreement or subject to the arbitration provisions of this Agreement consents to jurisdiction and venue of the state and federal courts in Los Angeles, California.
Any cause of action of Buyer with respect to the E-Store must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the above Disclaimer. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract shall be brought solely in the State of California and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the E-Store or Kade Inc. is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Kade Inc. to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Agreement represents the entire understanding between Buyer and Kade Inc. regarding its use of the E-Store and supersedes any prior statements or representations.
Products ordered online are not for resale. As such, Kade Inc. reserves the right to limit order quantities per item and the total value of products ordered per day and per month.
CURRENCY & SALE TAXES
All prices on the E-store are in US dollars. Buyer agrees that all orders shipped by Kade Inc. are subject to sales tax, applicable in accordance with the tax code of the state to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on Buyer’s order confirmation e-mail and packing slip.
Credit card information entered on the E-Store is secure and safe using a VeriSign SSL Certificate. All orders placed on the E-Store are encrypted, thereby protecting any credit card information that is submitted at the time of the order. By using the most advanced consumer online security technique to date, Kade Inc. can insure that all orders are placed safely and securely. As such, Kade Inc. is not liable for any direct or indirect damages related to credit card fraud or theft.
At this time, Kade Inc. ships strictly to the contiguous 48 U.S. states, plus Alaska and Hawaii. Shipments to U.S territories (such as Puerto Rico and Guam) and the Armed Forces are currently unavailable.
For any questions on how to order or the status of an order, please contact Kade Inc. Online Customer Service by phone at +1 877-721-0044 , Monday to Friday 8:30-17:30, or via email at firstname.lastname@example.org for assistance.